Jubinville v. Jubinville Et Al.
1943.MA.16 , 46 N.E.2D 533, 313 MASS. 103
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Publisher Description
In this case the chancellor gave the husband a decree of absolute divorce from the wife on the ground of her adultery. She appeals, urging that the testimony was insufficient to permit a finding of adultery and that even if adultery properly was found, the husband cannot be given a divorce under the rule of recrimination, it having been shown in the case (although not pleaded) that he was guilty of desertion for over eighteen months -- an offense which would have permitted the wife to obtain an absolute divorce from him.