Legal Opinion

Fellows v. Fellows

Superior Court of New Hampshire

Decided December 15, 1835PublishedCited by 1 opinion

Libel for a divorce, alleging extreme cruelty ; also, that the libellee had voluntarily abandoned the libellant, and absented himself from her for the space of three years together, without making a suitable provision for the libel-lant’s support and maintenance, it being all the time in the libellee’s power so to do ; and that the libellee had also absented himself for the term of three years without being heard of.

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Libel for a divorce, alleging extreme cruelty ; also, that the libellee had voluntarily abandoned the libellant, and absented himself from her for the space of three years together, without making a suitable provision for the libel-lant’s support and maintenance, it being all the time in the libellee’s power so to do ; and that the libellee had also absented himself for the term of three years without being heard of. The libellant is described in the libel as !< late of Dor-chester, in the county of Grafton, and wife of Samuel Fellows, formerly of said Dorchester,” and the marriage is alleged…

1Opinion of the Court

By the court.

Up ham, J.

There are a number of objections to sustaining the present libel.

1. It does not appear that the libellant has at this time a residence within the state. She is described in the libel as late of Dorchester, in this state; and it appears from one of the affidavits furnished that she has been for two or three years last past at work in Lowell, Massachusetts. Her residence within the state should appear.

2. If her residence is within the state, it is at Lyme, or Dorchester, in the county of Grafton; and it is not the practice of this court to entertain libels for divorce,…

2Cited by1 opinion

  1. Wright v. WrightTexas Supreme Court · 1848

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