# Garnett v. Garnett

> Massachusetts Supreme Judicial Court · January 15, 1874 · 114 Mass. 347

URL: https://www.frixlaw.com/law-library/cases/6417560

## Case

- **Full name:** Joseph Garnett v. Mary E. Garnett
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** January 15, 1874
- **Citations:** 114 Mass. 347
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Gray
- **Judges:** Gray
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6417560

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6417560. Public record. Not legal advice.