Legal Opinion

Hart v. Hart

Supreme Court of New Hampshire

Decided June 5, 1896PublishedCited by 2 opinions

Libel eor Divorce, on the ground of extreme cruelty. Facts found by the court. The libel alleged personal violence; but, so far as this charge was sustained by the libelant’s evidence, it appeared to have been condoned.

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Libel eor Divorce, on the ground of extreme cruelty. Facts found by the court. The libel alleged personal violence; but, so far as this charge was sustained by the libelant’s evidence, it appeared to have been condoned. The libel alleged, and the libelant’s evidence tended to prove, that the libelee had so behaved as to wholly destroy the libelant’s marital peace and happiness; that on divers occasions she had addressed him In language both offensive and vexatious, and the use of such language toward him had been her customary and. habitual practice ; that at different times she had accused…

1Opinion of the Court

To constitute extreme cruelty as a cause of divorce, there must be, as matter of law, direct bodily injury, either actual or threatened and reasonably to be apprehended. Robinson v. Robinson, 66 N.H. 600, 607, 608.

In the present case these essentials are wholly lacking. The only act of personal violence alleged is found to have been condoned, and there is no reasonable apprehension of its repetition, or of any other bodily harm. In a word, giving the most favorable construction for the plaintiff, such of the acts and conduct complained of as are open to consideration fall far short of…

2Cases cited2 opinions

  1. Robinson v. RobinsonSupreme Court of New Hampshire · 1891
  2. Jenness v. JennessSupreme Court of New Hampshire · 1880

3Cited by2 opinions

  1. Johnson v. JohnsonSupreme Court of New Hampshire · 1921
  2. Sirois v. SiroisSupreme Court of New Hampshire · 1942

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