Sheafe v. Sheafe
Superior Court of New Hampshire
Petition for a new trial. The petitioner set forth that at a prior term he was, by a decree of this court, divorced from his wife, by reason of adultery committed by her; that she subsequently, upon her petition representing her condition as one of destitution, and that the present petitioner was possessed of a large estate, obtained a decree of this court allowing her $15.0 per annum, to be paid by this petitioner during her life, as and for alimony.
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Petition for a new trial. The petitioner set forth that at a prior term he was, by a decree of this court, divorced from his wife, by reason of adultery committed by her; that she subsequently, upon her petition representing her condition as one of destitution, and that the present petitioner was possessed of a large estate, obtained a decree of this court allowing her $15.0 per annum, to be paid by this petitioner during her life, as and for alimony. He further set forth that the facts stated in her petition were not in fact true; that the decree founded thereon was erroneous; that she was…
1Opinion of the CourtWoods, J.
We have turned our attention, in this case, to the question of the power of the court to grant a review, where a decree has been made upon a libel for a divorce. This must depend upon the provisions of chapter 192 of the Revised Statutes, relating to new trials and reviews.
Section 1. provides that “ all civil actions in which judgment has been rendered in the court of common pleas or superior court, in which any issue of fact has been joined, except those in which by law a different provision is made, may be once reviewed.”
Section 2 provides that “ the superior court may grant a review in ahy…
2Cases cited3 opinions
- Borden v. BrownMassachusetts Supreme Judicial Court · 1810
- Stone v. DavisMassachusetts Supreme Judicial Court · 1817
- Smith v. McDanielSuperior Court of New Hampshire · 1844
3Cited by2 opinions
- Favazza v. BraleySupreme Court of New Hampshire · 2010
- Barnes v. AbbottSupreme Court of New Hampshire · 1875