Walker v. Walker
Massachusetts Supreme Judicial Court
Libel, filed November 12, 1896, for divorce on the ground of adultery alleged to have been committed at various times and places in Springfield between April 15, 1892, and September 27, 1896. Trial in the Superior Court, before Graskill, J., who allowed a bill of exceptions in substance as follows.
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Libel, filed November 12, 1896, for divorce on the ground of adultery alleged to have been committed at various times and places in Springfield between April 15, 1892, and September 27, 1896. Trial in the Superior Court, before Graskill, J., who allowed a bill of exceptions in substance as follows. It appeared that the parties were married in 1878, and lived together until November, 1890, when the libellant took possession of a large amount of property deposited in New York, and claimed that it belonged to her absolutely; that the libellee, who at that time was living with her in New York,…
1Opinion of the CourtBarker, J.
If, as the libellee contends, the letter of the libellant to him of December 15, 1891, with her subsequent conduct until he committed adultery in the year 1892, was a desertion which if continued for three years would have given him ground for divorce, the libellant yet had a locus penitentiae, and under our decisions, after the adultery of the libellee, was under no obligation to return to him, and he cannot set up the desertion in bar of her libel for his adultery committed before her desertion had continued so long as to give him a right to a divorce. Hall v. Hall, 4 Allen, 39, 41. Clapp…
2Cases cited5 opinions
- Watts v. WattsMassachusetts Supreme Judicial Court · 1894
- Cumming v. CummingMassachusetts Supreme Judicial Court · 1883
- Handy v. HandyMassachusetts Supreme Judicial Court · 1878
- Clapp v. ClappMassachusetts Supreme Judicial Court · 1867
- Morrison v. MorrisonMassachusetts Supreme Judicial Court · 1886
3Cited by2 opinions
- Reddington v. ReddingtonMassachusetts Supreme Judicial Court · 1945
- Cushman v. CushmanMassachusetts Supreme Judicial Court · 1907