Frary v. Frary
Superior Court of New Hampshire
Ltbei. for a divorce. It appeared that the parties were married at Hancock, in this county, and resided here for some time subsequently — that they afterwards removed to New-York, where the husband deserted the wife, leaving her without the means of support — that she thereupon returned to her friends in this state, and the husband afterwards came here, although it did not appear that he remained here any considerable period.
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Ltbei. for a divorce. It appeared that the parties were married at Hancock, in this county, and resided here for some time subsequently — that they afterwards removed to New-York, where the husband deserted the wife, leaving her without the means of support — that she thereupon returned to her friends in this state, and the husband afterwards came here, although it did not appear that he remained here any considerable period. He afterwards went to Vermont, and there committed adultery ; and the wife, who continued to reside in this state, filed this bill, alleging the adultery as the cause…
1Opinion of the CourtParker, C. J.
In Clark vs. Clark, 8 N. H. Rep. 21, we *62decided that we could not grant a divorce for the adultery of the husband committed while the parties had their domicil in Vermont, notwithstanding the marriage took place in this state, and the husband came here and committed the offence. In such case, by the general rule, the jurisdiction of the matter of divorce does not attach to the place of the marriage, or to the place where the adultery was actually committed, but to the place of the domicil; and both husband and wife were, in that case, legal residents in Vermont at the time the alleged cause…
2Cases cited1 opinion
- Clark v. ClarkSuperior Court of New Hampshire · 1835
3Cited by4 opinions
- Greenlaw v. GreenlawSuperior Court of New Hampshire · 1841
- Hairs v. HairsMissouri Court of Appeals · 1927
- Kimball v. KimballSuperior Court of New Hampshire · 1842
- Batchelder v. BatchelderSuperior Court of New Hampshire · 1843