Morrison v. Morrison
Massachusetts Supreme Judicial Court
Libel for divorce, on the ground of adultery, alleged to have been committed with one Pease on divers days between June 1, 1881, and March 1, 1882. At the trial, before Colburn, J., it was admitted that the parties to this cause were the same as those to the case reported in 136 Mass. 310, in which adultery of the libellee was charged, between February 21, 1882, and August 21, 1882, with one Dixon.
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Libel for divorce, on the ground of adultery, alleged to have been committed with one Pease on divers days between June 1, 1881, and March 1, 1882. At the trial, before Colburn, J., it was admitted that the parties to this cause were the same as those to the case reported in 136 Mass. 310, in which adultery of the libellee was charged, between February 21, 1882, and August 21, 1882, with one Dixon. The libellant introduced evidence tending to prove adultery of the libellee with said Pease between June 1,1881, and February 21, 1832; and that he did not know of the adultery charged in the…
1Opinion of the CourtGardner, J.
The question raised in this case is, whether the connivance of the husband at one act of adultery is a bar to a divorce for a prior act with another particeps criminis. The libellant contends, that, the adultery of the libellee with Pease having been found, the only thing which can bar the libellant is condonation of that adultery, connivance at that adultery, or the commission by the libellant of some offence which is in itself ground for a divorce. Neither condonation of the adultery with Pease, nor connivance at it, is set up in defence.
The statutes enumerate various causes which will…
2Cases cited5 opinions
- Lyster v. LysterMassachusetts Supreme Judicial Court · 1873
- Robbins v. RobbinsMassachusetts Supreme Judicial Court · 1886
- Cumming v. CummingMassachusetts Supreme Judicial Court · 1883
- Handy v. HandyMassachusetts Supreme Judicial Court · 1878
- Clapp v. ClappMassachusetts Supreme Judicial Court · 1867
3Cited by15 opinions
- Watts v. WattsMassachusetts Supreme Judicial Court · 1894
- Reddington v. ReddingtonMassachusetts Supreme Judicial Court · 1945
- Smith v. SmithCourt of Appeals of Kentucky · 1918
- Crouch v. CrouchWest Virginia Supreme Court · 1916
- Viertel v. ViertelMissouri Court of Appeals · 1903
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