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Hopkins v. Hopkins

Asa Hopkins, Libellant, versus Roxana Hopkins

Hopkins v. Hopkins, 3 Mass. 158 (1807)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
September 15, 1807
Judges
Parker, Parsons, Sedgwick
Citations
3 Mass. 158
Headnotes
The Court will not sustain a libel for a divorce, when it appears that the parties lived in another state at the time of the adultery committed, and that the libellant has smee removed into this state.
Summary
This was a libel similar to the preceding. The adultery ivas alleged to have been committed at Homer, in the state of New York, and that appeared to have been the settled place of abode oi "the parties at the time. The libellant has since removed into this county.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Parker

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Parker, J.

I consider this point as settled by the decision in the case of Richardson vs. Richardson (1) . That determination ivas made upon sufficient deliberation. There certainly is no inducement to increase the facility of procuring divorces. I am for dismissing the libel.

2 Mass. Rep. 153 .

Concurrence — Sedgwick

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Sedgwick, J.

I concur with my brother These parties lived in the state of New York at the time the fact took place on which the application is grounded. Since that time the libellant has removed into this county, leaving his wife at her former place of resi dence. The statute which gives to this Court its jurisdiction in this class of cases, expressly limits that jurisdiction to the court holden for the county where the parties live. (Certainly it cannot be said that these parties live in this county.) I am disposed to give this statute a liberal construction ; and therefore if the parties had dwelt here before the time of the fact charged to have been committed, and the wrong-doer had removed out of the county and committed the offence, I should be for sustaining the libel, although it would not be precisely within the words of the statute. But where the parties live in another state, and one of them removes here under *136 an idea (I should hope an unfounded one) of greater facility in obtaining a divorce here, than in another state, I am not for extending the statute by construction, in order to accommodate it to such an application. The government under which the parties live, have authority to make what provision they please upon the subject, and such authority may be more conveniently exercised where the evidence is to be collected, and where the character of the parties is likely to be best known, and most easily ascertained.

The Attorney-General, for the libellant. *Parsons, C. J.

This is a question upon the construction of the statute. The true meaning of the provision under consideration must be where the parties live at the time of the adultery committed. I agree with my brother Sedgwick in the case put by him of the criminal party changing his domicil. It would be an unreasonable construction to refuse an application under such circumstances.

The only point we decide in this case is, that, when the parties live in another state, and one of them commits adultery there, and the injured party removes into this state, and produces a libel for a divorce, such libel will not be sustained. The state to which the parties belong, has jurisdiction, and will exercise it, if it appear expedient (2) .

Libel dismissed.

[Carter vs. Carter, 6 Mass. 263 .—Choate vs. Choate, post, 391.—Smith vs. Smith 9 Mass. 422 .—Anonymous. 5 Mass. 197.—Smith vs. Smith. 6 Mass. 36.—Mace vs. Mace 7 Mass. 212 .—Ed.]

How later courts describe this case

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

1816–1817: 11832–1833: 21834–1835: 21842–1843: 11858–1859: 11876–1877: 11912–1913: 118162026peak 1832 · 2

Relies on it most ⓘ

  1. Sewall v. Sewall122 Mass. 156 (1877)
  2. Bradshaw v. Heath13 Wend. 407 (N.Y. Sup. Ct. 1835)
  3. Pawling v. Willson13 Johns. 192 (N.Y. Sup. Ct. 1816)
  4. Kapigian v. Der Minassian99 N.E. 264 (Mass. 1912)
  5. Harding v. Alden9 Me. 140 (1832)
  6. Harteau v. Harteau31 Mass. 181 (1833)

Most recent

  1. Kapigian v. Der Minassian99 N.E. 264 (Mass. 1912)
  2. Sewall v. Sewall122 Mass. 156 (1877)
  3. Leith v. Leith39 N.H. 20 (1859)
  4. Brett v. Brett46 Mass. 233 (1842)
  5. Clark v. Clark8 N.H. 21 (1835)
  6. Bradshaw v. Heath13 Wend. 407 (N.Y. Sup. Ct. 1835)

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 5

DepthCaseCited by
Richardson v. Richardson, 2 Mass. 153 (1806) 6
Carter v. Carter, 6 Mass. 263 (1810) 3
Anonymous, 5 Mass. 197 (1809) 0
Smith v. Smith, 6 Mass. 36 (1809) 0
Mace v. Mace, 7 Mass. 212 (1810) 0

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