Wallace v. Wallace
Supreme Court of New Hampshire
Petition, for the revision of an order of the supreme court, made September 18, 1885, granting the plaintiff $6,000 alimony upon her libel for divorce for adultery against the defendant. The defendant’s answer alleged that the judgment for alimony was based upon an agreement of the parties in writing under seal, made with the approval of and adopted by the presiding justice of the court. The agreement is as follows: Supreme Court.
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Petition, for the revision of an order of the supreme court, made September 18, 1885, granting the plaintiff $6,000 alimony upon her libel for divorce for adultery against the defendant. The defendant’s answer alleged that the judgment for alimony was based upon an agreement of the parties in writing under seal, made with the approval of and adopted by the presiding justice of the court. The agreement is as follows: Supreme Court. Strafford, ss. . September T. 1885. In the Wallace Libel for Divorce. Nellie F. Wallace v. George E. W allace. It is agreed by the parties that the amount of…
1Opinion of the CourtParsons, C. J.
Tlie defendant allegesj in answer to the plaintiff’s petition for modification of a decree for alimony in her favor, that such decree was based upon an agreement in writing under seal between the parties to the divorce proceeding, i. e., that the decree was an order for alimony in accordance with the agreement of the parties. It is not contended that the law required the court to order alimony as the parties agreed, or that the agreement deprived the court of jurisdiction as to alimony. Ttis conceded in the defendant’s brief that the court had supervisory authority to ascertain whether the…
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