Weston v. Weston
Massachusetts Supreme Judicial Court
Libel for divorce, filed August 10, 1885, on the ground of adultery. Hearing before 0. Allen, J., who reported for the consideration of the full court the following case : Both parties lived in Massachusetts before their marriage to each other. They went to Portsmouth, New Hampshire, to be married, and were married there in May, 1884, he being twenty-one and she seventeen years old.
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Libel for divorce, filed August 10, 1885, on the ground of adultery. Hearing before 0. Allen, J., who reported for the consideration of the full court the following case : Both parties lived in Massachusetts before their marriage to each other. They went to Portsmouth, New Hampshire, to be married, and were married there in May, 1884, he being twenty-one and she seventeen years old. He obtained employment there immediately afterwards, and they remained there; he intended to live there and to stay there, and they lived together there for about five and a half months, when she left him and…
1Opinion of the CourtHolmes, J.
It was decided in Ross v. Ross, 103 Mass. 575, that the prohibition in the Gen. Sts. c. 107, § 12, (Pub. Sts. c. 146, § 4,) against granting a divorce if the parties have never lived together as husband and wife in the Commonwealth, is not avoided by a transitory cohabitation here, but requires a domicil in the State. In Eaton v. Eaton, 122 Mass. 276, which perhaps can be upheld on its special facts, domicil without cohabitation was thought to satisfy the condition, and a divorce was granted. In that case, however, the court appears to have overlooked the earlier decision of Schrow v. Schrow,…
2Cases cited3 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1870
- Schrow v. SchrowMassachusetts Supreme Judicial Court · 1870
- Eaton v. EatonMassachusetts Supreme Judicial Court · 1877
3Cited by5 opinions
- Winans v. WinansMassachusetts Supreme Judicial Court · 1910
- Friedrich v. FriedrichMassachusetts Supreme Judicial Court · 1918
- Field v. FieldMassachusetts Supreme Judicial Court · 1920
- Katz v. KatzMassachusetts Supreme Judicial Court · 1931
- Newth v. NewthMassachusetts Supreme Judicial Court · 1922