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6 Mass. 36

Smith v. Smith

Massachusetts Supreme Judicial Court

Decided October 15, 1809

Massachusetts Supreme Judicial Court · decided 1809-10-15

<p>Where a party, libelled against for a divorce, is within the state, the libel must be filed in the clerk’s office, and served on the party, fourteen days before the Court, or the libel will not be sustained.</p>

Cited by 1 later decisions — most recently November 1807

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1809-10-15

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¶1But the Court refused to sustain the libel, observing that the directions of the statute must be pursued, or the Court could not take jurisdiction. The statute expressly enacts that no cause of divorce or alimony shall be brought before the Court, unless the party complaining shall file his or her libel in the office of the clerk, and shall cause the other party, if in the state, to be served with an attested copy, and a summons to appear at the Court fourteen days, at least, before its sitting. But if the party is not within the state, then the other party is to be notified in such manner as the Court shall direct. The statute is very plain, and its provision must be complied with.

¶2 The libellant discontinued.

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