Legal Opinion

S v. S

Massachusetts Supreme Judicial Court

Decided May 19, 1906PublishedCited by 4 opinions

Libel for divorce, filed May 5, 1905, against a wife for her alleged impotency. In the Superior Court the case was heard by Sheldon, J., who reported it for determination by this court, as follows: “ The libellant testified that he and the libellee were married in Boston on November 24, 1897; that immediately after the marriage the libellee was unable to perform the marriage function.

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Libel for divorce, filed May 5, 1905, against a wife for her alleged impotency. In the Superior Court the case was heard by Sheldon, J., who reported it for determination by this court, as follows: “ The libellant testified that he and the libellee were married in Boston on November 24, 1897; that immediately after the marriage the libellee was unable to perform the marriage function. At the hearing it appeared that any attempt at sexual intercourse between the parties caused the respondent severe pain resulting in a serious nervous condition accompanied by severe headaches which continued…

1Opinion of the Court

By the Court.

On the facts stated in the report we are of opinion that the libellant is entitled to maintain his libel. G-v. G-, L. R. 2 P. & D. 287. H- v. P-, L. R. 3 P. & D. 126. Payne v. Payne, 46 Minn. 467. D- v. A-, 1 Rob. Eccl. 279. 2 Bish. Mar., Div. & Sep. § 781, note 2.

According to the terms of the report the order of the Superior Court is to be vacated, and a decree nisi entered.

So ordered.

2Cases cited1 opinion

  1. Payne v. PayneSupreme Court of Minnesota · 1891

3Cited by4 opinions

  1. Anders v. AndersMassachusetts Supreme Judicial Court · 1916
  2. Commissioner of Corporations & Taxation v. BullardMassachusetts Supreme Judicial Court · 1943
  3. M v. MMassachusetts Supreme Judicial Court · 1961
  4. Stepanek v. StepanekCalifornia Court of Appeal · 1961

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