Holbrook v. Holbrook
Massachusetts Supreme Judicial Court
Petition to vacate a decree of divorce obtained in 1861, by the respondent against the petitioner, for the cause of her adultery.
Read the full summary
Petition to vacate a decree of divorce obtained in 1861, by the respondent against the petitioner, for the cause of her adultery. Petition filed in February, 1873. The grounds relied upon in the petition were, that the petitioner now could be a witness in her own behalf, which at the time of the trial she could not be ; that two witnesses were suborned by the respondent to testify falsely in regard to her alleged adulteries ; and that he hired and intimidated certain of her witnesses so that they would not testify at the trial, and induced them to leave the court and secrete themselves so…
1Opinion of the CourtGray, C. J.
A decree of divorce will not be vacated and set aside by the court after the term at which it was entered, without clear proof that the libellee was prevented by fraud of the libellant or imposition upon the court from being heard in the original suit upon some matter which, if then proved, would have constituted a good defence. Edson v. Edson, 108 Mass. 590. Whiting v. Whiting, ante, 494. Any error in the rulings of the judge could only be revised by appeal or exceptions in the original cause. A subsequent change in the law of evidence cannot vary the effect of the former decree. Bevan v.…
2Cited by8 opinions
- Zeitlin v. ZeitlinMassachusetts Supreme Judicial Court · 1909
- Stephens v. LampronMassachusetts Supreme Judicial Court · 1941
- BrighamMassachusetts Supreme Judicial Court · 1900
- Dennis v. DennisMassachusetts Supreme Judicial Court · 1958
- Johnston v. JohnstonSupreme Court of Rhode Island · 1915
3 more not listed; retrieve them via the Exa API.