Shaw v. Shaw
Massachusetts Supreme Judicial Court
Libel for divorce from bed and board for extreme cruelty of the husband. The libellee was defaulted; and, at the hearing before Wells, J., the allegations of the libel were proved to the satisfaction of the judge, who reserved the case for determina tion by the full court of the question of jurisdiction arising on the following facts: The parties were married April 12, 1866, at Rockport, and came immediately to Boston, where they resided together until about September 1. At…
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Libel for divorce from bed and board for extreme cruelty of the husband. The libellee was defaulted; and, at the hearing before Wells, J., the allegations of the libel were proved to the satisfaction of the judge, who reserved the case for determina tion by the full court of the question of jurisdiction arising on the following facts: The parties were married April 12, 1866, at Rockport, and came immediately to Boston, where they resided together until about September 1. At this time the libellee decided to go to the territory of Colorado, to reside, and started, with his wife, on the…
1Opinion of the CourtFoster, J.
The jurisdiction of this court to decree divorces is created by statute, and, except when the libellant has resided in this state five consecutive years next preceding the time of filing the libel, “ no divorce can be granted for any cause occurring in any other state or country unless before such cause occurred the parties had lived together as husband and wife in this state and one of them lived in this state when the cause occurred.” Gen. Sts. c. 107, §§ 11, 12. The words to live and to reside, in these provisions, are obviously synonymous, and both relate to the domicil of the party or…
2Cases cited2 opinions
- Barber v. Barber Ex Rel. CronkhiteSupreme Court of the United States · 1859
- Hancock v. JohnsonCourt of Appeals of Kentucky · 1858
3Cited by51 opinions
- Atherton v. AthertonSupreme Court of the United States · 1901
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- Blackinton v. BlackintonMassachusetts Supreme Judicial Court · 1886
- Levanosky v. LevanoskyMassachusetts Supreme Judicial Court · 1942
- Mills v. MillsSupreme Court of Connecticut · 1935
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