Foss v. Foss
Massachusetts Supreme Judicial Court
Libel for a sentence of nullity of marriage, setting forth that the ceremony of marriage was performed between the libellant and the respondent on the 16th of April 1865; that he did not see her after September 1860 until January 5th 1865, after which time he visited her once in three weeks till April 16th that during all of said visits she represented herself as a chaste and virtuous girl; that in fact she was during all that time pregnant of a child by some person to the…
Read the full summary
Libel for a sentence of nullity of marriage, setting forth that the ceremony of marriage was performed between the libellant and the respondent on the 16th of April 1865; that he did not see her after September 1860 until January 5th 1865, after which time he visited her once in three weeks till April 16th that during all of said visits she represented herself as a chaste and virtuous girl; that in fact she was during all that time pregnant of a child by some person to the libellant unknown, and that on the 8th of June 1865 she was delivered of a full grtiwn child; and that the libellant left…
1Opinion of the CourtBigelow, C. J.
Of the competency of the libellant to testify in his own behalf we entertain no doubt. The libel is brought under Gen. Sts. c. 107, § 4, which provide that on proof of “ fraud or other cause of nullity, the marriage shall be declared void by a sentence of divorce.” This, therefore, is in a strict and proper sense a “ divorce suit,” in which, by the express provision of Gen. Sts. c. 131, § 14, a party is made a competent witness for himself or the other party to the suit.
But we think it equally clear that the court would not be warranted in declaring the alleged marriage void on the facts…
2Cited by3 opinions
- Lyman v. LymanSupreme Court of Connecticut · 1916
- Browning v. BrowningSupreme Court of Kansas · 1913
- Arndt v. ArndtAppellate Court of Illinois · 1948