Cairns v. Cairns
Massachusetts Supreme Judicial Court
Libel for a divorce on the ground of adultery committed by the libellee with Charles Shattuck on July 27, 1868. At the trial, before Wells, J., it appeared that the last sexual intercourse between the libellant and libellee was on July 20, 1868 ; that on July 27 the libellant discovered the libellee in the act of adultery with Shattuck; and that he did not interrupt them, or disclose to either of them the fact of his discovery,‘but left home that day and has remained apart…
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Libel for a divorce on the ground of adultery committed by the libellee with Charles Shattuck on July 27, 1868. At the trial, before Wells, J., it appeared that the last sexual intercourse between the libellant and libellee was on July 20, 1868 ; that on July 27 the libellant discovered the libellee in the act of adultery with Shattuck; and that he did not interrupt them, or disclose to either of them the fact of his discovery,‘but left home that day and has remained apart from his wife ever since. The judge put these two questions to the jury: “ Did the libellee commit, the crime of adultery…
1Opinion of the CourtWells, J.
Issues having been submitted to a jury, their verdict, finding connivance, is a bar to the divorce sought. Ho decree could be entered except in conformity with the verdict. Gen. Sts. c. 107, § 15. The answer of the foreman, in explanation of the verdict, upon inquiry by the court, was not competent to modify the effect of the formal verdict; and did not authorize the court to exercise any discretion as to the decree to be entered thereon. The only bearing such explanation could have would be upon the question whether to proceed to a decree, or to direct another trial of that issue.
Decree set…
2Cited by9 opinions
- Dennis v. DennisSupreme Court of Connecticut · 1896
- Burke v. HodgeMassachusetts Supreme Judicial Court · 1912
- Pratt v. PrattMassachusetts Supreme Judicial Court · 1892
- Elkins v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1874
- Delaney v. DelaneySupreme Court of New Jersey · 1906
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