Carpenter v. Carpenter
Supreme Court of New Hampshire
Libel por Divorce, tried before Kivel, J., who at tbe December term, 1916, of the superior court allowed this bill of exceptions. The libel alleges adultery as a ground for divorce, committed at Magnolia, Massachusetts. Several witnesses for the libelant testified that about the times alleged in the libel they saw the libelee in compromising relations with one or more men at Magnolia. In reliance upon this evidence the court on July 11, 1916, granted the libelant a divorce.
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Libel por Divorce, tried before Kivel, J., who at tbe December term, 1916, of the superior court allowed this bill of exceptions. The libel alleges adultery as a ground for divorce, committed at Magnolia, Massachusetts. Several witnesses for the libelant testified that about the times alleged in the libel they saw the libelee in compromising relations with one or more men at Magnolia. In reliance upon this evidence the court on July 11, 1916, granted the libelant a divorce. At the libelee’s request, seasonably filed, the court suspended the decree for thirty days, and on August 7, 1916, she…
1Opinion of the CourtWalker, J.
Many of the questions argued by the libelant are not properly before the court. It is ordinarily essential, under our practice, that parties desiring to litigate questions of law in this court, which were involved in the trial of the case, should unequivocally take an exception to the ruling of which they complain, and that the record should show they did so. A mere objection not- followed by an exception is unavailing. “ Under the well established practice of this state, unless exception is taken and noted it is conclusively understood that the ruling is accepted as the law of the case.” Lee…
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