La Raia v. La Raia

Joseph La Raia vs. Pauline T. La Raia

La Raia v. La Raia, 105 N.E.2d 537 (Mass. 1952)

Court: Massachusetts Supreme Judicial Court · State Highest Courts
Decided: May 29, 1952
Judges: Qua, Lummus, Ronan, Spalding
Citations: 105 N.E.2d 537329 Mass. 921952 Mass. LEXIS 523

Cited by 8

Opinion — Lummus

Lummus, J.

This is a libel for divorce in a Probate Court on the ground of cruel and abusive treatment. At the hearing on May 17, 1951, the libellant introduced evidence which the judge finds was sufficient to support a decree nisi. The libellee came into court at a continued hearing on May 24, 1951, and expressed a desire to contest the libel. On August 15, 1951, the libellee was permitted to file a late answer. On October 10, 1951, the libellant moved for the entry of a decree nisi for divorce, which the judge denied. On October 17, 1951, the libellant appealed.

The granting of a divorce is not discretionary. The judge has no right to postpone decision indefinitely, but *93 must grant the divorce if the libellant makes out a case entitling him to it.

Waterhouse v. Waterhouse, 225 Mass. 228 .

Reddington v. Reddington, 317 Mass. 760, 764 . See also Mooney v. Mooney, 317 Mass. 433 . But in the instant case all that the judge did was to grant a further hearing to the libellee. That was within his power.

Malcolm v. Malcolm, 257 Mass. 225 .

Lye v. Lye, 322 Mass. 155 . The power to reconsider a case resides in a court until final judgment or decree.

Peterson v. Hopson, 306 Mass. 597, 601-602 . In this case no decree was ever entered, granting or denying a divorce. An appeal from a decree of a Probate Court is analogous to an appeal in equity. G. L. (Ter. Ed.) c. 215, § 9, as it appears after St. 1945, c. 469, § 1, and St. 1947, c. 360. No appeal except one from a final decree can come presently to this court.

Lynde v. Vose, 326 Mass. 621, 622 .

Slater v. Munroe, 313 Mass. 538, 540 .

Clark v. Clark, 325 Mass. 760 .

Appeal dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

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Relies on it most ⓘ

Borman v. Borman393 N.E.2d 847 (Mass. 1979)
Beit v. PROBATE & FAMILY COURT DEPARTMENT434 N.E.2d 642 (Mass. 1982)
Fiorentino v. Probate Court310 N.E.2d 112 (Mass. 1974)
Mancuso v. Mancuso408 N.E.2d 652 (Mass. App. Ct. 1980)
Olsson v. Waite368 N.E.2d 1194 (Mass. 1977)
Swift v. Hiscock183 N.E.2d 875 (Mass. 1962)

Most recent

Guardianship of Pamela519 N.E.2d 1335 (Mass. 1988)
Beit v. PROBATE & FAMILY COURT DEPARTMENT434 N.E.2d 642 (Mass. 1982)
Mancuso v. Mancuso408 N.E.2d 652 (Mass. App. Ct. 1980)
Borman v. Borman393 N.E.2d 847 (Mass. 1979)
Olsson v. Waite368 N.E.2d 1194 (Mass. 1977)
Fiorentino v. Probate Court310 N.E.2d 112 (Mass. 1974)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 9

Depth	Case	Cited by
	Peterson v. Hopson, 29 N.E.2d 140 (Mass. 1940)	236
	Lynde v. Vose, 96 N.E.2d 172 (Mass. 1951)	24
	Slater v. Munroe, 48 N.E.2d 149 (Mass. 1943)	21
	Reddington v. Reddington, 59 N.E.2d 775 (Mass. 1945)	21
	Mooney v. Mooney, 58 N.E.2d 748 (Mass. 1944)	16
	Lye v. Lye, 76 N.E.2d 180 (Mass. 1947)	10
	Waterhouse v. Waterhouse, 114 N.E. 283 (Mass. 1916)	8
	Malcolm v. Malcolm, 153 N.E. 461 (Mass. 1926)	6
	Clark v. Clark, 96 N.E.2d 849 (Mass. 1950)	2

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