Legal Opinion

Foster v. Foster

Massachusetts Supreme Judicial Court

Decided November 27, 1916PublishedCited by 3 opinions

Libel for divorce, filed on August 10, 1915. The case was heard by Lawton, J., who made the statement of the evidence which is quoted in the opinion. The judge refused to rule at the request of the libellant that on the statement of the evidence made by the judge the libellant was entitled to a decree of divorce. The judge ordered that the libel be dismissed; and the libellant alleged exceptions. The case was submitted on briefs.

1Opinion of the CourtDe Courcy, J.

The libellant assented to the statement of the evidence which was made by the trial judge and was as follows: “I understand that the evidence of desertion is substantially as follows: that in May, June or July of 1909, after the libellant had been away to get a yacht and had brought his yacht around to this town, Edgartown, he went to his home, the house which was owned jointly by him and his wife; that the house was locked and *184the key, which by agreement between them should have been hung in the woodshed, was not there; that he went and spent that night, the first night, upon the yacht; that…

2Cases cited2 opinions

  1. Ford v. FordMassachusetts Supreme Judicial Court · 1887
  2. Bradley v. BradleyMassachusetts Supreme Judicial Court · 1893

3Cited by3 opinions

  1. Espinola v. EspinolaMassachusetts Supreme Judicial Court · 1930
  2. Allen's CaseMassachusetts Supreme Judicial Court · 1945
  3. Purdy v. PurdyMassachusetts Supreme Judicial Court · 1921

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