Colby v. Colby

Massachusetts Supreme Judicial Court

Colby v. Colby

151 N.E.2d 266, 337 Mass. 774, 1958 Mass. LEXIS 807

CourtMassachusetts Supreme Judicial Court

DecidedJune 18, 1958

StatusPublished

Cited by1 cases

This text of 151 N.E.2d 266 (Colby v. Colby) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colby v. Colby, 151 N.E.2d 266, 337 Mass. 774, 1958 Mass. LEXIS 807 (Mass. 1958).

Pincite

Opinion

Decree affirmed. The libellant appeals from a decree of the Probate Court that the allegations of her libel for divorce on the ground of the libelee’s adultery are not sus[775]*775tained and that the libel be continued on the docket. The evidence is reported and the judge has made findings of material facts. The pertinent testimony on the principal issue was supplied by two private investigators and if believed warranted, if it did not require, a finding that the libellee committed adultery with the corespondent in an automobile on May 19, 1956. The credibility of this evidence, however, was for the judge to determine. It cannot be said that his failure to credit the testimony of the investigators in its entirety was plainly wrong or that the facts which he found necessarily gave rise to an inference of adultery.

J. Warren Killam, Jr., for the libellant. William B. Welch, for the libellee.

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Decree affirmed. The libellant appeals from a decree of the Probate Court that the allegations of her libel for divorce on the ground of the libelee’s adultery are not sus[775]*775tained and that the libel be continued on the docket. The evidence is reported and the judge has made findings of material facts. The pertinent testimony on the principal issue was supplied by two private investigators and if believed warranted, if it did not require, a finding that the libellee committed adultery with the corespondent in an automobile on May 19, 1956. The credibility of this evidence, however, was for the judge to determine. It cannot be said that his failure to credit the testimony of the investigators in its entirety was plainly wrong or that the facts which he found necessarily gave rise to an inference of adultery.

J. Warren Killam, Jr., for the libellant. William B. Welch, for the libellee.

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Bluebook (online)

151 N.E.2d 266, 337 Mass. 774, 1958 Mass. LEXIS 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colby-v-colby-mass-1958.

Opinion

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