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Collura v. Collura

Supreme Judicial Court of Massachusetts
Dec 30, 1965
212 N.E.2d 855 (Mass. 1965)

Opinion

December 30, 1965.

Casper T. Dorfman, for the libellant, submitted a brief.

No argument or brief for the libellee.


This is an appeal by the prevailing party in an uncontested divorce case in which he was the libellant. His libel was based upon cruel and abusive treatment and adultery. The judge refused to hear evidence upon the latter ground and entered a decree nisi upon the former ground alone. No harm to the libellant appears. The provision for preserving dower or curtesy rights subsequent to a divorce for adultery was repealed by St. 1949, c. 76, § 2, amending G.L.c. 208, § 27. The granting of a divorce for adultery is not an indirect adjudication of legitimacy. Sayles v. Sayles, 323 Mass. 66, 69. There would be no collateral estoppel to raise the issue of adultery in any later litigation to which it would be material. See Cambria v. Jeffery, 307 Mass. 49, 50; Henchey v. Cox, 348 Mass. 742, 746-747. There was no error in any respect.

Decree affirmed.


Summaries of

Collura v. Collura

Supreme Judicial Court of Massachusetts
Dec 30, 1965
212 N.E.2d 855 (Mass. 1965)
Case details for

Collura v. Collura

Case Details

Full title:CLIFFORD T. COLLURA vs. AUDREY F. COLLURA

Court:Supreme Judicial Court of Massachusetts

Date published: Dec 30, 1965

Citations

212 N.E.2d 855 (Mass. 1965)
350 Mass. 760