Burns v. Burns
Supreme Court of New Hampshire
Libel for Divorce. The cause alleged is the wife’s adultery ■with one S., on or about April 1, 1890. The defendant filed an answer denying the charge and averring that the question of her adultery before October 28, 1891, had been adjudicated in her favor. On that date she filed a petition against her husband for separate maintenance, alleging non-support. At the April term, 1892, the cause was tried.
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Libel for Divorce. The cause alleged is the wife’s adultery ■with one S., on or about April 1, 1890. The defendant filed an answer denying the charge and averring that the question of her adultery before October 28, 1891, had been adjudicated in her favor. On that date she filed a petition against her husband for separate maintenance, alleging non-support. At the April term, 1892, the cause was tried. The husband admitted that he had refused to support his wife, but alleged in justification that she had committed adultery with S., “on or about February 1,1891, and on divers days and times…
1Opinion of the Court
Per Curiam. *
Though it may be an adjudicated fact that the defendant did not commit adultery with S. on the first day of February; 1891, and on divers subsequent days before -October 28, 1891, it does not follow that the evidence, which was found to be insufficient to prove the allegation, cannot be received upon the question whether adultery was afterwards committed by the same parties. The issue presented is not the same in both cases; and while all the competent evidence offered in the former case did not prove the affirmative of the issue then tried, it cannot be said that no part of it…
2Cases cited1 opinion
- Morgan v. BurrSupreme Court of New Hampshire · 1878
3Cited by1 opinion
- In re BlanchflowerSupreme Court of New Hampshire · 2003