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Tatum v. Tatum

Appeals Court of Massachusetts
Jan 30, 1981
415 N.E.2d 879 (Mass. App. Ct. 1981)

Opinion

January 30, 1981.

Marvin H. Margolies for the defendant.

Paul B. Carroll (Dennis P. Derrick with him) for the plaintiff.


The defendant has appealed from a judgment of divorce nisi granted on the ground of cruel and abusive treatment. The subsidiary findings of the master that are addressed to the specific conduct of the defendant which is complained of do not support a conclusion that she was guilty of cruel and abusive treatment toward the plaintiff. See and compare Vergnani v. Vergnani, 321 Mass. 703, 704 (1947); Hamilton v. Hamilton, 325 Mass. 278, 280 (1950); Sylvester v. Sylvester, 330 Mass. 397, 401-402 (1953); Silverman v. Silverman, 5 Mass. App. Ct. 793 (1977). Contrast Bailey v. Bailey, 97 Mass. 373, 380-381 (1867); Callan v. Callan, 280 Mass. 37, 42 (1932); Rudnick v. Rudnick, 288 Mass. 256, 257 (1934); Flavell v. Flavell, 324 Mass. 362, 364 (1949); Reed v. Reed, 340 Mass. 321, 321-322 (1960); Ober v. Ober, 1 Mass. App. Ct. 32, 33-34 (1973); Yee v. Yee, 2 Mass. App. Ct. 897 (1974); Manning v. Manning, 5 Mass. App. Ct. 795, 796 (1977). The judgment is reversed, and the complaint is to be dismissed; the defendant is to have counsel fees on appeal.

So ordered.


Summaries of

Tatum v. Tatum

Appeals Court of Massachusetts
Jan 30, 1981
415 N.E.2d 879 (Mass. App. Ct. 1981)
Case details for

Tatum v. Tatum

Case Details

Full title:EDWARD D. TATUM vs. MARY D. TATUM

Court:Appeals Court of Massachusetts

Date published: Jan 30, 1981

Citations

415 N.E.2d 879 (Mass. App. Ct. 1981)
11 Mass. App. Ct. 925