Janvrin v. Janvrin
Supreme Court of New Hampshire
Libel, for divorce; cause alleged, extreme cruelty. The case was sent to a referee by order of court. His commission required him, among other things, to report all matters of fact found proved, if either party should request it. He reported, that the evidence failed to sustain the charge of extreme cruelty; that the prayer for divorce should be denied, and the libel dismissed.
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Libel, for divorce; cause alleged, extreme cruelty. The case was sent to a referee by order of court. His commission required him, among other things, to report all matters of fact found proved, if either party should request it. He reported, that the evidence failed to sustain the charge of extreme cruelty; that the prayer for divorce should be denied, and the libel dismissed. There was evidence tending to show that some of the troubles between the parties might have been occasioned by the dissatisfaction of the wife on account of the supposed meagreness of the settlement made upon her, and…
1Opinion of the CourtSmith, J.
This case was properly before the referee for the determination of any question of fact involved. Janvrin v. Janvrin, 57 N. H. 146; Rand v. Rand, 56 N. H. 421; Laws of 1874, c. 97, s. 18. Neither party requested the referee to report the facts proved. Ilis duty, therefore, was discharged when he reported as a fact proved and determined that the charge was not sustained. Then follows his conclusion from this finding, “ that the prayer for divorce should be denied, and the libel dismissed.”
The libellant claims that the determination of the question, whether or not there should be a divorce, is…
2Cases cited1 opinion
- Clap v. M'NeilMassachusetts Supreme Judicial Court · 1808
3Cited by3 opinions
- Jenness v. JennessSupreme Court of New Hampshire · 1880
- Riley v. FarnumSupreme Court of New Hampshire · 1882
- Newcomb v. HamptonSupreme Court of New Hampshire · 1914