Foss v. Foss
Supreme Court of New Hampshire
Libel, for divorce. The libellant always resided in Newport until 1867, when he went to Washington, D. 0., where he was employed by the government until the spring of 1877, when he returned to Newport, and has since resided with his father there. He has every year, with one exception, voted in Newport, and never voted elsewhere, and has always paid a poll tax in that town. He married the libellee in 1873, in Washington, where she was residing with her parents.
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Libel, for divorce. The libellant always resided in Newport until 1867, when he went to Washington, D. 0., where he was employed by the government until the spring of 1877, when he returned to Newport, and has since resided with his father there. He has every year, with one exception, voted in Newport, and never voted elsewhere, and has always paid a poll tax in that town. He married the libellee in 1873, in Washington, where she was residing with her parents. She had never resided in New Hampshire, and after her marriage visited the state twice, — once, remaining from March to September, in…
1Opinion of the CourtAllen, J.
To entitle the court to take jurisdiction of a cause of divorce, the libellant must have an actual bona fide residence.- in the state. Fellows v. Fellows, 8 N. H. 160; Greenlaw v. Greenlaw, 12 N. H. 202; Batchelder v. Batchelder, 14 N. H. 380; Payson v. Payson, 34 N. H. 520. And the cause of divorce, if arising out of the state, must have been at a time when the domicil of the libellant was in the state. Clark v. Clark, 8 N. H. 21; Frary v. Frary, 10 N. H. 61; Smith v. Smith, 12 N. H. 80; Kimball v. Kimball, 13 N. H. 225; Hopkins v. Hopkins, 35 N. H. 474; Leith v. Leith, 39 N. H. 20, 32, 33.…
2Cited by6 opinions
- Sweeney v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
- Waterfield v. Meredith Corp.Supreme Court of New Hampshire · 2011
- Kerby v. CharlestownSupreme Court of New Hampshire · 1916
- Bisson v. University of New HampshireSupreme Court of New Hampshire · 1990
- Bailey v. BaileySupreme Court of New Hampshire · 1945
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