Opinion

Garnett v. Garnett

  • 114 Mass. 347
Court
Massachusetts Supreme Judicial Court
Filed
Jan 15, 1874
Status
Published
Author
Gray
On the bench
Gray
Cited by
3 cases
Authority
More cited than 88.4%

The opinion

Gray, C. J.

The Gen. Sts. c. 107, § 44, authorized the court to grant a share of the wife’s estate in the nature of alimony to the husband, only upon a decree of divorce from the bond of matrimony, absolutely and finally severing the marriage tie. A divorce nisi under the St. of 1870, c. 404, was not such a divorce, but was in the nature of a divorce from bed and board, not absolutely dissolving the bond of matrimony between the parties. Graves v. Graves, 108 Mass. 314 . Edgerly v. Edgerly, 112 Mass. 53 . It was therefore rightly ruled that the Gen. Sts. c. 107, § 44, did not apply to a decree of divorce nisi under the St. of 1870.

Application denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.