192 Mass. 194
Massachusetts Supreme Judicial Court
Decided May 19, 1906
Massachusetts Supreme Judicial Court · decided 1906-05-19
Libel for divorce, filed May 5, 1905, against a wife for her alleged impotency. In the Superior Court the case was heard by Sheldon, J., who reported it for determination by this court, as follows: “ The libellant testified that he and the libellee were married in Boston on November 24, 1897; that immediately after the marriage the libellee was unable to perform the marriage function.
Relies on Payne v. Payne
Good law ✅— No negative treatment on recordhow we know
Decided 1906-05-19
Cited by 4 later decisions — most recently July 1961
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1On the facts stated in the report we are of opinion that the libellant is entitled to maintain his libel. G-v. G-, L. R. 2 P. & D. 287. H- v. P-, L. R. 3 P. & D. 126. Payne v. Payne, 46 Minn. 467. D- v. A-, 1 Rob. Eccl. 279. 2 Bish. Mar., Div. & Sep. § 781, note 2.
¶2According to the terms of the report the order of the Superior Court is to be vacated, and a decree nisi entered.
¶3So ordered.