122 Mass. 3 | Mass. | 1877
At the time of the divorce obtained against the libellee by her first husband in Connecticut, for her adultery, he appears to have been domiciled in Connecticut, and is not shown to have removed into that state for the purpose of procuring a divorce. The court of that state therefore had jurisdiction of the cause and of both the parties, and its decree dissolved the bond of matrimony absolutely and everywhere, even if the adultery was committed out of Connecticut, of which there is no evidence. Gen. Sts. c. 107, § 55. Burlen v. Shannon, 115 Mass. 438, and cases there cited.
The libellee, being thus divorced from the bond of matrimony, was free to marry again, unless restrained by local statute. The law of Connecticut did not so restrain her. Rev. Sts. of Conn.
The marriage of the libellee with the libellant in this Commonwealth was therefore valid, and his libel to annul it cannot be sustained. Exceptions overruled.