Steere v. Steere
| Decision Date | 30 November 1928 |
| Citation | 265 Mass. 317,163 N.E. 852 |
| Parties | STEERE v. STEERE. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Report from Probate Court, Dukes County; E. A. Davis, Judge.
Libel for a divorce by Jesse Steere against Adeliza Steere, in which the judge of probate entered a decree for libelant. On report. Decree affirmed.
J. B. Lowney, of New Bedford, for libelant.
A. W. Davis, of Edgartown, and F. A. Pease, of Fall River, for libelee.
This is a libel for divorce filed in the probate court September 30, 1927. The judge of probate entered a decree nisi in favor of the libelant upon the following terms:
‘* * * For the cause of cruel and abusive treatment ‘with reasonable apprehension of danger of injury to the libelant if the libelant and libelee continue to live together,’ as found by me.'
The case is before us on a report filed by the judge, under G. L. c. 215, § 11, and at the request of the libelee.
The judge found that the parties were married September 17, 1913, and lived together for about 14 years; that they had some quarrels, which at times resulted in threats of personal violence; that some time in the latter part of February, 1926, or March 1, 1926, and again on September 25, 1927, the libelee committed an assault upon the libelant; that on the first occasion The parties then separated, and have not since lived together.
The judge further found that, as a result of the foregoing acts of the libelee, the libelant was not made sick, so that he was attened by a physician or suffered any loss of health; that the weight of the libelee was materially less than that of the libelant; and that she was a person ‘who, suffering nervously, afficted with some anemia, was about 50 per cent. efficient and over 40 years of age.
The judge could have found that the first assault committed by the libelee upon the husband was condoned by reason of their afterwards living together and assuming the marital relation. Such condonation, however, would be upon the explicit condition that she would thereafter treat him ...
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