Harrington v. Harrington

• Decision Date: 01 February 1926
• Citation: 150 N.E. 296,254 Mass. 506
• Parties: HARRINGTON v. HARRINGTON.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

254 Mass. 506

150 N.E. 296

HARRINGTON

v.HARRINGTON.

Supreme Judicial Court of Massachusetts, Suffolk.

Feb. 1, 1926.

Appeal from Probate Court, Suffolk County; A. W. Dolan, Judge.

Libel for divorce by Ernest A. Harrington against Margaret S. Harrington. From a decree denying the libel, but continuing it on the docket, and requiring libelant to pay support money, he appeals. Affirmed.

J. F. Hurley, of Boston, for appellant.

PER CURIAM.

[1][2] This is a libel for divorce, the ground alleged being cruel and abusive treatment on the part of the libelee. The burden of proof was upon the libelant to make out to the satisfaction of the judge by a fair preponderance of the evidence the truth of this allegation. Both the libelee and libelant testified orally at the hearing. Their testimony upon the material points was contradictory. The finding of the judge in substance was that the burden of proof had not been sustained. This is peculiarly a case where the findings of the trial judge, based upon observation of witnesses, ought not to be reversed.

[3] The decree to the effect that the libel be denied, but continued on the docket from time to time, and that the libelant pay to the libelee for her support a specified sum until a further order of the court, shows no error of law. G. L. c. 208, § 20; De Ferrari v. De Ferrari, 220 Mass. 38, 107 N. E. 404.

Decree affirmed.