147 Mass. 294 | Mass. | 1888
We understand the finding in the report of the libellant’s marriage to include the fact of cohabitation. The argument for the libellant is, that, as the libellee had at that time deserted him and been absent from him for seven years, he not actually knowing her to be living within that time, he was not guilty of polygamy, and that cohabitation under such a marriage would not be adultery. Assuming, without deciding, that the words “ not knowing ” in the statute defining polygamy,
The fact that she had given him cause of divorce from her for desertion did not prevent his subsequent adultery from being such a violation of his marital duties as would preclude him from taking advantage of her wrong.
Libel dismissed.