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Mansfield v. Mansfield

Patience Mansfield, Libellant, versus Shubael Mansfield

Mansfield v. Mansfield, 13 Mass. 412 (1816)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
October 15, 1816
Citations
13 Mass. 412
Headnotes
It appearing, in the course of a hearing of a libel for a divorce for the adultery of the husband, that, since the fact charged, he had become insane, the Court would proceed no further, without the appointment of a guardian, who might appear for him in the action.
Summary
This was a libel for a divorce from the bonds of matrimony, for the adultery of the husband.

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

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The husband having been called, and no appearance entered for him, the Court heard the evidence of the marriage of the parties, and proof of the adultery, as charged in the libel. But, it being suggested by a friend of the Court, * that, since the commission of the crime, the husband had become insane, the Court ordered the default to be set aside, and the libel to be continued ; observing to the proctor for the libellant, that, if so advised, she might, during the vacation, procure the appointment of a guardian to her husband in the Probate Court, and, upon the appearance of such guardian in the suit, further proceedings might be had ; and, if sufficient cause appeared, a divorce might be decreed.

How later courts describe this case

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

1859–1860: 11873–1874: 11893–1894: 11897–1898: 11901–1902: 11919–1920: 11923–1924: 11941–1942: 118592026peak 1859 · 1

Relies on it most ⓘ

  1. Garnett v. Garnett114 Mass. 379 (1874)
  2. Harrigan v. Harrigan67 P. 506 (Cal. 1902)
  3. Ohlweiler v. Ohlweiler72 Pa. Super. 518 (1919)
  4. Foley v. Foley52 P. 634 (Nev. 1898)
  5. Storrs v. Storrs34 A. 672 (N.H. 1894)
  6. Wilemon v. Wilemon250 S.W. 1010 (Tex. 1923)

Most recent

  1. Mitchell v. Mitchell43 N.E.2d 779 (Mass. 1942)
  2. Wilemon v. Wilemon250 S.W. 1010 (Tex. 1923)
  3. Ohlweiler v. Ohlweiler72 Pa. Super. 518 (1919)
  4. Harrigan v. Harrigan67 P. 506 (Cal. 1902)
  5. Foley v. Foley52 P. 634 (Nev. 1898)
  6. Storrs v. Storrs34 A. 672 (N.H. 1894)

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 0

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