Day v. Day
Supreme Court of New Hampshire
Prom Strafford Circuit Court. Libel for divorce, on the ground of extreme cruelty. The cause was tried before Rand, J., who reported as follows : “ Only two assaults, made upon the libellant by the libellee, were proved ; and these were not of a very aggravated nature. But it was in proof that the libellee used very violent language towards the libellant, cursing her at times, and applying indecent epithets to her. This was especially the case during the last two years.
Read the full summary
Prom Strafford Circuit Court. Libel for divorce, on the ground of extreme cruelty. The cause was tried before Rand, J., who reported as follows : “ Only two assaults, made upon the libellant by the libellee, were proved ; and these were not of a very aggravated nature. But it was in proof that the libellee used very violent language towards the libellant, cursing her at times, and applying indecent epithets to her. This was especially the case during the last two years. I am satisfied that the libellee has conducted himself in such a way as to terrify his wife and children, and make the idea…
1Concurrence
The facts found by the court are sufficient, according to my understanding, to constitute legal cruelty, according to the case of Harratt v. Harratt, 7 N.H. 198; — see, also, C_____ v. C_____, 28 Eng. L. E. 603.
By Carlton v. Carlton, 40 N.H. 14, the witness being under the age of fourteen years, was prima facie incompetent; and this presumption had to be removed in order to his admission. On examination, no want of intelligence was found, and no want of general religious instruction and competency, but only want of knowledge of the nature of an oath. To such a child it must have been easy to…
2Cases cited2 opinions
- Carlton v. CarltonSupreme Court of New Hampshire · 1859
- Harratt v. HarrattSuperior Court of New Hampshire · 1834