Craskin v. Craskin
| Decision Date | 04 October 1934 |
| Citation | 288 Mass. 56,192 N.E. 314 |
| Parties | CRASKIN v. CRASKIN. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Probate Court, Middlesex County; Leggat, Judge.
Libel for divorce by Abraham Craskin against Bessie Craskin. From an order dismissing the libel, the libelant appeals.
Affirmed.
M. Kabatznick and A. M. Stern, both of Boston, for appellant.
R. P. Boruchoff, of Boston, for appellee.
This libel for divorce on the ground of desertion was filed October 19, 1933. In January, 1930, a libel for divorce on the ground of cruel and abusive treatment was filed by the libellant against the libellee which on February 27, 1933, was ‘dismissed without prejudice.’ A request by the libellant for a ruling that he was entitled to proceed and be heard was denied and the libel was dismissed as matter of law.
The ruling was right. Najjar v. Najjar, 227 Mass. 450, 116 N. E. 808. The dismissal of the earlier libel without prejudice does not extinguish the force of its allegations as binding on the libellant. The filing of that libel raised a conclusive presumption of fact that the desertion of his wife after that time was with his consent.
Order dismissing libel affirmed.
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Meyer v. Meyer
...the continuance of the desertion was with her consent, thus preventing divorce on the ground of desertion. See also Craskin v. Craskin, 288 Mass. 56, 192 N.E. 314. Rubinstein v. Rubinstein, 319 Mass. 568, 575-576, 66 N.E.2d 793. These cases, dealing with divorce, do not control (as the Flem......
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Miranda v. Miranda
...(husband's prior) libel is with * * * the consent of the (husband).' Najjar v. Najjar, 227 Mass. 450, 451, 116 N.E. 808; Craskin v. Craskin, 288 Mass. 56, 192 N.E. 314. See Espinola v. Espinola, 273 Mass. 450, 173 N.E. 926; Delgreco v. Delgreco, 322 Mass. 706, 79 N.E.2d 185; Meyer v. Meyer,......
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