Home > Great American Court Cases > Shaw v. Shaw

Legal Citation: 17 Day Conn. 189 (1845)

Plaintiff
Emeline Shaw

Defendant
Daniel T. Shaw

Plaintiff's Claim
That she be granted a divorce on the ground of intolerable cruelty.

Chief Lawyers for Plaintiff
Sedgwick, Seymour

Chief Defense Lawyers
Church, Hubbard

Justices for the Court
Joel Hinman, Henry Waite, Chief Justice Thomas S. Williams (writing for the court)

Justices Dissenting
Samuel Church (William L. Storrs did not participate)

Place
Litchfield, Connecticut

Date of Decision
June 1845

Decision
The court denied Shaw her divorce.

Significance
This case illustrates why divorces were so rare during most of American history. Patriarchal rights were a given, spousal rape was not considered bodily harm severe enough to constitute cruelty,...