Legal Opinion

Sewall v. Sewall

Massachusetts Supreme Judicial Court

Decided March 1, 1877PublishedCited by 48 opinions

Libel for divorce, filed May 9,1874, for the cause of adultery. The case was heard by Wells, J., and, after his death, by con* sent of parties, was reported by Morton, J., in substance as follows, for the consideration of the full court, the parties agreeing that the report was correct: The libellee put in evidence tending to show that in May, 1872, the libellant left his house, and went to her father’s in the State of New York, and remained absent until the latter part of…

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Libel for divorce, filed May 9,1874, for the cause of adultery. The case was heard by Wells, J., and, after his death, by con* sent of parties, was reported by Morton, J., in substance as follows, for the consideration of the full court, the parties agreeing that the report was correct: The libellee put in evidence tending to show that in May, 1872, the libellant left his house, and went to her father’s in the State of New York, and remained absent until the latter part of November in the same year, and that he paid her board at her father’s; that she did not allege, as a cause of going to…

1Opinion of the CourtGray, C. J.

“ Every state has an undoubted right to determine the status, or domestic and social condition, of the persons domiciled within its territory; except in so far as the powers of the states in this respect are restrained, or duties and obligations imposed upon them, by the Constitution of the United States. *161Strader v. Graham, 10 How. 82, 93. Ho control over the subject of marriage and divorce has been conferred by the Constitution upon the national government, but each state retains the power to regulate the grounds of divorce, and the jurisdiction to grant divorces, between those having their…

2Cases cited15 opinions

  1. Thompson v. WhitmanSupreme Court of the United States · 1874
  2. Christmas v. RussellSupreme Court of the United States · 1866
  3. Cheever v. WilsonSupreme Court of the United States · 1870
  4. Folger v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1868
  5. Knowles v. The Gaslight and Coke CompanySupreme Court of the United States · 1874

10 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Bell v. BellSupreme Court of the United States · 1901
  2. Ross v. RossMassachusetts Supreme Judicial Court · 1880
  3. Smith v. SmithSupreme Court of Louisiana · 1891
  4. Adams v. AdamsMassachusetts Supreme Judicial Court · 1891
  5. Tuells v. FlintMassachusetts Supreme Judicial Court · 1933

43 more not listed; retrieve them via the Exa API.

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