Washburn v. Washburn

Massachusetts Supreme Judicial Court

Washburn v. Washburn

8 Mass. 131

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1811

StatusPublished

This text of 8 Mass. 131 (Washburn v. Washburn) 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

Washburn v. Washburn, 8 Mass. 131 (Mass. 1811).

Pincite

Opinion

By the Court.

The specific charges in a libel for a divorce for Ihe cause of adultery are required to. be made, if the fact be within the libellant’s knowledge, in order that the accused party may not be surprised, and may be advertised of the subject of his defence. Perhaps it would be better in * all cases to hold the libellant strictly to those charges. But such has not heretofore been the practice of the Court; and where, as in this case, there is an appearance for the respondent, such strictness may be less necessary. _ The evidence is admitted.

Divorce decreed

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By the Court.

The specific charges in a libel for a divorce for Ihe cause of adultery are required to. be made, if the fact be within the libellant’s knowledge, in order that the accused party may not be surprised, and may be advertised of the subject of his defence. Perhaps it would be better in * all cases to hold the libellant strictly to those charges. But such has not heretofore been the practice of the Court; and where, as in this case, there is an appearance for the respondent, such strictness may be less necessary. _ The evidence is admitted.

Divorce decreed

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Bluebook (online)

8 Mass. 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washburn-v-washburn-mass-1811.