Peabody v. Peabody
Massachusetts Supreme Judicial Court
Libel on the Gen. Sts. c. 107, § 9,* for a divorce from bed and board, for the gross or wanton and cruel neglect of the libel-lee to provide suitable maintenance for the libellant; heard at April term 1869, by Gray, J., who reserved for the decision of the full court the question whether a divorce should be granted on the following facts: “ The libellee was a policeman ; left the libellant a year before the filing of the libel; and never since, nor for some years before,…
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Libel on the Gen. Sts. c. 107, § 9,* for a divorce from bed and board, for the gross or wanton and cruel neglect of the libel-lee to provide suitable maintenance for the libellant; heard at April term 1869, by Gray, J., who reserved for the decision of the full court the question whether a divorce should be granted on the following facts: “ The libellee was a policeman ; left the libellant a year before the filing of the libel; and never since, nor for some years before, contributed to her support or that of her children. She has supported herself and her children for fifteen years, and…
1Opinion of the CourtColt, J.
The report in this case discloses mere neglect on the part of the husband to provide for the maintenance of his wife. This is not enough under our statute. The neglect must be “ gross or wanton and cruel ” on his part, he being of sufficient ability to provide. These words were used for the purpose of giving to the conduct of the husband, in this respect, the character which they imply, and are not to be disregarded.
The case finds, that, although the neglect of the husband commenced many years before the final separation, and continued down to the time of filing the libel, yet neither the…
2Cases cited1 opinion
- Bailey v. BaileyMassachusetts Supreme Judicial Court · 1867
3Cited by12 opinions
- Smith v. SmithSupreme Court of Kansas · 1879
- Rubinstein v. RubinsteinMassachusetts Supreme Judicial Court · 1946
- Curtiss v. CurtissMassachusetts Supreme Judicial Court · 1922
- Cowles v. CowlesMassachusetts Supreme Judicial Court · 1873
- Reed v. ReedSupreme Court of Oklahoma · 1926
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