Sparhawk v. Sparhawk
Massachusetts Supreme Judicial Court
Petition for a divorce from the bonds of matrimony, and for leave to marry again. The petition was as follows: “ Respectfully represents your petitioner, George Sparhawk, of Lexington, in the county of Middlesex, aforesaid, that a libel for a divorce was filed in said court by Mary S. Sparhawk, against your petitioner, for not supporting said Mary S. according to the means of your petitioner, also for extreme cruelty; that on May 27, 1872, it was ordered and decreed by the…
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Petition for a divorce from the bonds of matrimony, and for leave to marry again. The petition was as follows: “ Respectfully represents your petitioner, George Sparhawk, of Lexington, in the county of Middlesex, aforesaid, that a libel for a divorce was filed in said court by Mary S. Sparhawk, against your petitioner, for not supporting said Mary S. according to the means of your petitioner, also for extreme cruelty; that on May 27, 1872, it was ordered and decreed by the court that a divorce nisi be entered in favor of the libellant, on the ground of extreme cruelty; and that the said…
1Opinion of the CourtGray, C. J.
The decree nisi under the St. of 1870, c. 404, § 3, did not dissolve the marriage. Graves v. Graves, 108 Mass. 314. Edgerly v. Edgerly, 112 Mass. 53. The repeal of that section by the St. of 1873, e. 371, § 5, did not make that decree an absolute divorce, but took away the authority which the court had under that section, as held in Bigelow v. Bigelow, 108 Mass. 38, to make it absolute on the petition of either party. By the express terms of the St. of 1873, c. 371, § 3, the authority thereby conferred upon the court to grant a divorce from the bond of matrimony can be exercised only “ on…
2Cases cited3 opinions
- Graves v. GravesMassachusetts Supreme Judicial Court · 1871
- Edgerly v. EdgerlyMassachusetts Supreme Judicial Court · 1873
- Bigelow v. BigelowMassachusetts Supreme Judicial Court · 1871
3Cited by7 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1982
- Sobel v. SobelSupreme Court of New Jersey · 1926
- Pratt v. PrattMassachusetts Supreme Judicial Court · 1892
- Nicolai v. NicolaiMassachusetts Supreme Judicial Court · 1933
- Sheffer v. ShefferMassachusetts Supreme Judicial Court · 1944
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