Bascomb v. Bascomb
Superior Court of New Hampshire
Libel for Divorce. It was alleged in the libel that the parties were married on the fifth day of September, A. D. 1837, at Palmer, in the county of Hampden, in the Commonwealth of Massachusetts, and that they resided and lived together, the principal part of the time in Massachusetts, until the month of June, A. D. 1844, when the parties removed to Jaffrey, in this State, where they have ever since resided, excepting that the libellee has been occasionally absent from the…
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Libel for Divorce. It was alleged in the libel that the parties were married on the fifth day of September, A. D. 1837, at Palmer, in the county of Hampden, in the Commonwealth of Massachusetts, and that they resided and lived together, the principal part of the time in Massachusetts, until the month of June, A. D. 1844, when the parties removed to Jaffrey, in this State, where they have ever since resided, excepting that the libellee has been occasionally absent from the State, for the purpose of medical treatment. It was further alleged, that without the fault of the petitioner, the…
1Opinion of the CourtWoods, J.
This case is a libel for divorce. The ground *271of complaint is corporal impotency, arising several years after the intermarriage of the parties.
Chapter 148, § 3 of the.Revised Statutes provides that cc A divorce from the bond of matrimony shall be decreed for the following causes, in favor of the innocent party; for impotency,” &c., &e.
Section 5 provides that “ no divorce shall be granted for any cause except adultery, unless such cause shall be in existence at the time of filing the petition for such divorce.”
It does not become necessary to determine whether the character of the infirmity is…
2Cases cited1 opinion
- Ferris v. FerrisSupreme Court of Connecticut · 1830
3Cited by3 opinions
- Dolan v. DolanSupreme Judicial Court of Maine · 1969
- Dolan v. DolanSupreme Judicial Court of Maine · 1969
- Stepanek v. StepanekCalifornia Court of Appeal · 1961