Opinion · Massachusetts Supreme Judicial Court
Holland v. Holland
2 Mass. 154
- Type
- Opinion
- Court
- Massachusetts Supreme Judicial Court
- Jurisdiction
- Massachusetts
- Date
- 1806-10-15
- Topic
- litigation
By the Court. The rule is established by uniform practice that the confession of the party, unsupported by other evidence, is not sufficient to ground a divorce upon. To vary from this rule would be opening a door for the collusion of parties, and be attended with consequences very mischievous to society. If the confession of either party was sufficient evidence to obtain a divorce a vinculo, a contract of marriage would be at the will of both the parties. (a) The divorce was refused.
Citator
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The rule is established by uniform practice that the confession of the party, unsupported by other evidence, is not sufficient to ground a divorce upon. To vary from this rule would be opening a door for the collusion of parties, and be attended with consequences very mischievous to society. If the confession of either party was sufficient evidence to obtain a divorce a vinculo, a contract of marriage would be at the will of both the parties. (a)
The divorce was refused.
Baxter vs. Baxter, 1 Mass. Rep. 346. — Betts vs. Betts, 1 Johns. Ch. R. 197.