Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Hamilton v. Hamilton
Citations: 90 N.E.2d 322; 325 Mass. 278; 1950 Mass. LEXIS 1058
Court: Massachusetts Supreme Judicial Court; February 6, 1950; Massachusetts; State Supreme Court
The Supreme Judicial Court of Massachusetts reviewed a divorce case initiated by Elsie E. Hamilton against Wilhelmus M. Hamilton, citing allegations of cruel and abusive treatment under G.L. Ter. Ed. c. 208. The libellant, married to the libellee since September 27, 1946, reported excessive drinking and frequent quarrels, including an incident where the libellant threw a handkerchief at the libellee, prompting him to slap her. The trial judge found that the allegations of cruel and abusive treatment were not substantiated, emphasizing that the single act of violence did not constitute cruel and abusive treatment as a matter of law. The court highlighted that the burden was on the libellant to demonstrate that the behavior met the statutory definition of cruelty. Previous cases were referenced to illustrate that personal violence does not automatically equate to cruelty, and circumstances surrounding acts of aggression must be considered. The judge's findings indicated that the libellant's actions provoked the libellee's response, which contributed to the court's decision. Ultimately, the decree dismissing the libel was affirmed, confirming that the evidence did not support the claims of cruel and abusive treatment.