Vigno v. Vigno
Supreme Court of New Hampshire
Libel for Divorce. As an answer, the libelee filed a petition seeking to have the alleged marriage annulled. At the trial it appeared that a marriage ceremony between the parties was performed November 17, 1914. The libelant had previously been married to one Sayles. At the October term, 1914, of the superior court she filed a petition for divorce from Sayles.
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Libel for Divorce. As an answer, the libelee filed a petition seeking to have the alleged marriage annulled. At the trial it appeared that a marriage ceremony between the parties was performed November 17, 1914. The libelant had previously been married to one Sayles. At the October term, 1914, of the superior court she filed a petition for divorce from Sayles. This libel was heard by Kivel, J., in October, 1914, and the following memorandum was made by him upon the back of the libel: “Divorce decreed, cause desertion. John Kivel, Pres. Justice.” The judgment day for the October term, 1914, of…
1Opinion of the CourtPlummer, J.
The marriage ceremony performed between the libelant and the libelee November 17, 1914, had no validity and was absolutely void, if the libelant was married at that time. If such were the case, the only order that could be made in this case would be a decree of nullity. Bickford v. Bickford, 74 N. H. 448, 453.
The libelant contends that as there was a marriage ceremony performed between her and the libelee, it was incumbent upon the libelee to prove that it was not a valid marriage; that Sayles was alive and was her lawful husband when the divorce case of Sayles v. Sayles was tried in October,…
2Cases cited4 opinions
- Carpenter v. CarpenterSupreme Court of New Hampshire · 1917
- Clough v. FowlerSupreme Court of New Hampshire · 1884
- Bickford v. BickfordSupreme Court of New Hampshire · 1908
- Brown v. WestSupreme Court of New Hampshire · 1889