Garnett v. Garnett
Massachusetts Supreme Judicial Court
Petition filed at October term, 1873, under St. 1873, c. 371, § 3, for an absolute divorce from the bond of matrimony. The case was submitted to the court upon an agreed statement of facts, as follows: ’ The petitioner and the respondent were duly married to each other May 10, 1865, and thereafter lived together, as husband and wife, in the county of Middlesex.
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Petition filed at October term, 1873, under St. 1873, c. 371, § 3, for an absolute divorce from the bond of matrimony. The case was submitted to the court upon an agreed statement of facts, as follows: ’ The petitioner and the respondent were duly married to each other May 10, 1865, and thereafter lived together, as husband and wife, in the county of Middlesex. At April term, 1873, of this court, the petitioner duly obtained a decree of divorce nisi, under St. 1870, c. 404, from the bond of matrimony, from the respondent, for cruel and abusive treatment, and for gross and confirmed habits of…
1Opinion of the CourtGray, C. J.
By the law of this Commonwealth, a libel for divorce may be filed and prosecuted in behalf of an insane person, either by the guardian of the party, or by a next friend appointed by the court for the purpose. Rev. Sts. c. 76, § 12, and Commissioners’ note. Gen. Sts. c. 107, § 16. Denny v. Denny, 8 Allen, 311. And if, at any time during the pendency of the suit, the respondent is insane, whether such insanity began before or since the filing of the libel, the defence may be conducted by a guardian appointed by the Probate Court, or, if there is no such guardian, by one appointed by the court…
2Cases cited7 opinions
- Graves v. GravesMassachusetts Supreme Judicial Court · 1871
- Sheffield v. LoveringMassachusetts Supreme Judicial Court · 1815
- Edgerly v. EdgerlyMassachusetts Supreme Judicial Court · 1873
- Broadstreet v. StreetMassachusetts Supreme Judicial Court · 1811
- Inhabitants of Middleborough v. Inhabitants of RochesterMassachusetts Supreme Judicial Court · 1815
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Whitmore Ex Rel. Simmons v. ArkansasSupreme Court of the United States · 1990
- Mohrmann v. KobNew York Court of Appeals · 1943
- Cohn v. CohnMassachusetts Supreme Judicial Court · 1941
- Johnson v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1943
- Stevens v. StevensIndiana Supreme Court · 1891
22 more not listed; retrieve them via the Exa API.