James v. James
Supreme Court of New Hampshire
Libel, for divorce. Cause assigned, the willing absence of the husband from the wife for three years together, without making suitable provision for her support. The libellant, previous to her marriage, lived with her parents in this state. At the time of their separation, the parties lived in Canada. In July, 1871, the libellant procured money from her father and returned to this state, where she has since lived.
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Libel, for divorce. Cause assigned, the willing absence of the husband from the wife for three years together, without making suitable provision for her support. The libellant, previous to her marriage, lived with her parents in this state. At the time of their separation, the parties lived in Canada. In July, 1871, the libellant procured money from her father and returned to this state, where she has since lived. She left the libellee because of his intemperate habits, and his failure to support her. He did not otherwise ill-treat her. He had no property, but, when he would work, could earn…
1Opinion of the CourtSmith, J.
The evidence as to the libellee’s ability to support his wife is not sufficient. Mere neglect to make provision for the wife’s support is not a cause of divorce, unless it was in his power to do so. F— v. F—, 1 N. H. 198. And evidence of sufficient ability at the time of leaving is not enough to entitle her to a decree. His continued ability during his absence must be shown. Fellows v. Fellows, 8 N. H. 160; Davis v. Davis, 87 N. H. 191. It was formerly held that it was not enough to show that the husband had been able to labor, but proof that he had property was required. F— v. F—, supra.…
2Cases cited2 opinions
- Almond v. AlmondCourt of Appeals of Virginia · 1827
- Camp v. CampTexas Supreme Court · 1857
3Cited by2 opinions
- Liberato v. LiberatoSupreme Court of New Hampshire · 1944
- Rand v. RandSupreme Court of New Hampshire · 1879