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

UpLaw has not yet analyzed Holland v. Holland. The absence of a flag is not a finding that it is good law.

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.

Baxter vs. Baxter, 1 Mass. Rep. 346. — Betts vs. Betts, 1 Johns. Ch. R. 197.