Legal Opinion

Koffman v. Koffman

Massachusetts Supreme Judicial Court

Decided January 3, 1907PublishedCited by 14 opinions

Libel fob divobce on the ground of cruel and abusive treatment. The libel was dated July 22, 1904, and an order of notice thereon was issued on August 19, 1904, personal service thereof being made on August 22,1904. In the Superior Court the case was heard by Harris, J. at the October divorce sitting in 1904, and after a partial hearing was continued to December, 1904, when the hearing was resumed and finished.

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Libel fob divobce on the ground of cruel and abusive treatment. The libel was dated July 22, 1904, and an order of notice thereon was issued on August 19, 1904, personal service thereof being made on August 22,1904. In the Superior Court the case was heard by Harris, J. at the October divorce sitting in 1904, and after a partial hearing was continued to December, 1904, when the hearing was resumed and finished. The judge, upon the question of cruel and abusive treatment, found for the libellant. At the hearing in December, the libellee asserted, both by way of denial and as condonation, that…

1Opinion of the CourtBraley, J.

At the trial of the libel the defence of condo-nation by a single act of intercourse was not sustained upon the evidence, and a decree nisi was entered. Before the time was ripe for making this decree absolute a daughter was born to the libellee, and it was within the scope of her objections not only to introduce this fact, but in connection therewith to review the former evidence upon this issue for, until final decree, the divorce was not absolute, nor the marriage contract dissolved, and as the parties legally remained husband and wife the entire proceedings could be reviewed for the…

2Cases cited10 opinions

  1. Chamberlain v. . the PeopleNew York Court of Appeals · 1861
  2. Egbert v. GreenwaltMichigan Supreme Court · 1880
  3. Mink v. StateWisconsin Supreme Court · 1884
  4. Chase v. WebsterMassachusetts Supreme Judicial Court · 1897
  5. Pratt v. PrattMassachusetts Supreme Judicial Court · 1892

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3Cited by14 opinions

  1. Drew v. DrewMassachusetts Supreme Judicial Court · 1924
  2. Levanosky v. LevanoskyMassachusetts Supreme Judicial Court · 1942
  3. Commonwealth v. CircoMassachusetts Supreme Judicial Court · 1936
  4. Diggs v. DiggsMassachusetts Supreme Judicial Court · 1935
  5. Taylor v. WhittierMassachusetts Supreme Judicial Court · 1922

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

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