Ross v. Ross
Massachusetts Supreme Judicial Court
Libel filed November 26,1867, for a divorce from the bond of matrimony for the cause of adultery alleged to have been committed by the libellee in this Commonwealth at divers times since August 30, 1866. The libellant described herself and the libellee as of Medford. The libellee filed a motion to dismiss the libel for want of jurisdiction.
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Libel filed November 26,1867, for a divorce from the bond of matrimony for the cause of adultery alleged to have been committed by the libellee in this Commonwealth at divers times since August 30, 1866. The libellant described herself and the libellee as of Medford. The libellee filed a motion to dismiss the libel for want of jurisdiction. Trial before Ames, J., who reported the following case for the determination of the full court: “ The parties were married at Newark in New Jersey, June 27,1866, the libellee being then a citizen and resident of Newark, and the libellant at the time of the…
1Opinion of the CourtChapman, C. J.
It is provided by Gen. Sts. c. 107, § 12, that, with certain exceptions, not applicable to this case, no divorce shall be decreed for any cause, if the parties have never “lived together as husband and wife ” in this- state.
We think the true interpretation of this provision is, that they must have had a domicil here, and not merely lived together as travellers passing through the state, or as visitors for a purpose that is merely temporary, or not with intent to acquire a domicil. The remedy is intended to be for the benefit of our own citizens, and not to enable the court to dissolve marital…
2Cases cited1 opinion
- Shaw v. ShawMassachusetts Supreme Judicial Court · 1867
3Cited by19 opinions
- Mills v. MillsSupreme Court of Connecticut · 1935
- Rice v. RiceSupreme Court of Connecticut · 1948
- Winans v. WinansMassachusetts Supreme Judicial Court · 1910
- Bechtel v. BechtelSupreme Court of Minnesota · 1907
- Worsham v. LigonSupreme Court of Georgia · 1916
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