Adams v. Adams
Supreme Court of New Hampshire
This was k motion by Melinda Adams to set aside a decree of divorce granted in this county (Hillsborough), December term, 1864. The libellee offered to show that the divorce was obtained without notice to her, and by fraud and perjury; that the libellant, George W. Adams, knew her residence at the time, and caused the order of notice to be published in a newspaper that he had every reason to believe neither she nor her friends would see, for the purpose of concealing from…
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This was k motion by Melinda Adams to set aside a decree of divorce granted in this county (Hillsborough), December term, 1864. The libellee offered to show that the divorce was obtained without notice to her, and by fraud and perjury; that the libellant, George W. Adams, knew her residence at the time, and caused the order of notice to be published in a newspaper that he had every reason to believe neither she nor her friends would see, for the purpose of concealing from her any notice of the proceedings; that this motion was made at the first term of court after she was informed that the…
1Opinion of the CourtBellows, C. J.
As a general proposition, courts have power to set aside, vacate, modify, or amend their judgments for good cause shown. Judge of Probate v. Webster, 46 N. H. 518; Bellows v. Stone, 14 N. H. 203; Frink v. Frink, 43 N. H. 508; Wiggin v. Veasey, 43 N. H. 513, and cases cited; and Chamberlain v. Crane, 4 N. H. 115.
In this respect decrees in divorce suits stand upon the same footing as other judgments, both upon principle and authority. Bishop, in his work on Marriage and Divorce, 1st ed., sec. 697, lays it down as a general proposition, that the American tribunals, when unincumbered by specific…
2Cases cited4 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Kerr v. . KerrNew York Court of Appeals · 1869
- Dunn v. DunnNew York Court of Chancery · 1834
- Peck v. WoodbridgeU.S. Circuit Court for the District of Connecticut · 1808
3Cited by11 opinions
- James Conant & a. v. Timothy O'Meara & a.Supreme Court of New Hampshire · 2015
- Hemphill ex rel. Burns v. QuiggSupreme Court of Missouri · 1962
- Coburn v. First Equity Associates, Inc.Supreme Court of New Hampshire · 1976
- Erdman v. ErdmanSupreme Court of New Hampshire · 1975
- Gordon v. GordonSupreme Court of New Hampshire · 1875
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