Massachusetts Supreme Judicial Court, 1893

Peirce v. Peirce

Massachusetts Supreme Judicial Court · Decided November 29, 1893 · Field

160 Mass. 216; 35 N.E. 462; 1893 Mass. LEXIS 51

Cases that cite this one

4 later published cases cite this decision.

Dunn v. Dunn (Miss. 1930)
Templer v. Templer (Mass. 1964)
Reddington v. Reddington (Mass. 1945)
Kelsey v. Kelsey (Appellate Division of the Supreme Court of New York 1922)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Field, C. J.

In this case the libellant, when she was in due form married to Flagg, knew that Peifce, her husband, was alive, and that the bonds of matrimony between herself and Peirce had not been dissolved by a divorce. She in good faith consulted a clergyman of good standing, who informed her that *217her marriage with Peirce had “ run out,” and that she had “ a perfect legal right to get married ”; and believing this to be true, she was married to Flagg. The ease discloses no mistake of fact on the part of the libellant, but a mistake of law, and in accordance with our decisions the justice who heard the libel rightly ordered it to be dismissed. Moors v. Moors, 121 Mass. 282. Whippen v. Whippen, 147 Mass. 294. Pratt v. Pratt, 157 Mass. 503. Barrow v. Barrow, 159 Mass. 262.

Beeree affirmed.

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