Legal Opinion

Brown v. Brown

Massachusetts Supreme Judicial Court

Decided March 3, 1911PublishedCited by 14 opinions

Three libels for divorce, between the same parties, the first filed on July 26, 1904, and the third on June 1, 1908, the papers in the second case having been lost. In the Superior Court Lawton, J., in each of the three cases found for the libellee and ordered a decree dismissing the libel. The libellant alleged exceptions, raising the questions described in the opinion.

1Opinion of the CourtRugg, J.

These are three libels for divorce before us upon the libellant’s exceptions to evidence.

1. One of the grounds alleged for divorce was adultery with one Whipple. The libellee admitted this, but alleged condonation by the libellant. In this state of the case, the libellant offered two letters written by the libellee at about the time of this admitted misconduct, tending to show an adulterous disposition on her part toward the co-respondent, which were excluded. The libellant’s exception to this ruling must be overruled. It was said by Chief Justice Gray in Dorr v. Tremont National Bank, 128…

2Cases cited3 opinions

  1. Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
  2. Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
  3. Griffin v. City of BostonMassachusetts Supreme Judicial Court · 1905

3Cited by14 opinions

  1. Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
  2. Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1967
  3. Commonwealth v. RetkovitzMassachusetts Supreme Judicial Court · 1915
  4. Mahoney v. GoochMassachusetts Supreme Judicial Court · 1923
  5. Nelson v. HamlinMassachusetts Supreme Judicial Court · 1927

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