[DOWNLOAD] "Lye v. Lye" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Lye v. Lye
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 08, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
DOLAN, Justice. This is an appeal from a decree entered in the Probate Court overruling in effect objections filed by the libelee (Earl A. Lye) to the decree of divorce nisi awarded to the libellant, his wife, becoming absolute, by dismissing his petition to vacate that decree. The evidence is reported. No report of material facts was made by the Judge, none having been requested. Facts disclosed by the record may be summed up as follows: On December 6, 1946, the decree nisi in question was entered for the cause of cruel and abusive treatment. On March 17, 1947, the libellee filed objections to the decree nisi becoming absolute on the ground that he had not been notified by his attorney, or by anyone else, of the assignment of the libel for hearing on December 6, 1946, and did not know that it had been so assigned until after the libel had been heard as an uncontested case and the decree nisi had been entered thereon. The evidence discloses that, at the time of hearing of the objections by the Judge, he received certain evidence for the purpose of determining whether the libellee had a meritorious defence. This evidence consisted in part of the testimony of the libellee tending to show that he had not been guilty of cruel and abusive treatment toward the libellant and that, on the contrary, she had been guilty of cruel and abusive treatment toward him. The libellant was called as a witness by her counsel and was asked whether the 'actions' of the libellee caused her fear or mental disturbance. She replied, 'Yes.' Having been asked to state what those actions were, counsel for the libellee objected saying, 'I don't think we should be trying the divorce case now.' That objection was overruled by the Judge, and the libellant was permitted to testify in detail as to incidents tending to show cruel and abusive treatment on the part of the libellee toward her. In the course of this testimony counsel for the libellee objected again saying, 'We have a meritorious defence * * * but I did not understand we were going to try the merits today.' Thereafter counsel for the libellee objected again and again to the admission of testimony of the libellant concerning the libellee's conduct toward the libellant on various occasions. The testimony of a practical nurse who had worked for the libellant concerning the latter's physical and mental condition during the last six or eights months the parties lived together was admitted over the objection of counsel for the libellee. This nurse had been a witness at the original hearing of the libel.