Bradley v. Bradley
Massachusetts Supreme Judicial Court
Libel for divorce, filed on November 3, 1891, and amended on April 8, 1892, on the ground of desertion. Hearing in the Superior Court, before Corcoran, J., who dismissed the libel; and the libellant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The entry “Libel dismissed,” without the addition of the words “ without prejudice,” purports to be a final judgment upon the merits. It is a bar to any further proceedings upon the cause of action set out in the libel. In collateral proceedings it is not conclusive by way of estoppel, or as *259evidence, except upon matters actually tried and determined; but as a final disposition of that for which the suit was brought, it is, like a judgment by default, conclusive as well in regard to the matters which might have been pleaded as those which were formally put in issue. Foote v. Gribbs, 1 Gray,…
2Cases cited3 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Ford v. FordMassachusetts Supreme Judicial Court · 1887
- Thurston v. ThurstonMassachusetts Supreme Judicial Court · 1868
3Cited by19 opinions
- Silberstein v. . SilbersteinNew York Court of Appeals · 1916
- Minot v. PurringtonMassachusetts Supreme Judicial Court · 1906
- Gilmore v. WilliamsMassachusetts Supreme Judicial Court · 1894
- Mirizio v. MirizioNew York Court of Appeals · 1928
- Bidwell v. Bidwell.Supreme Court of North Carolina · 1905
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