Harratt v. Harratt
Superior Court of New Hampshire
Libel, for a divorce, alleging extreme cruelty. The evidence on the part of the libellant proved, that the husband had at different times threatened to take her life ; that he had ceased to provide for her support, and treated her harshly and with neglect in sickness ; and there was also evidence of circumstances tending to show a reasonable apprehension that if she cohabited with him she might be subjected to disease.
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Libel, for a divorce, alleging extreme cruelty. The evidence on the part of the libellant proved, that the husband had at different times threatened to take her life ; that he had ceased to provide for her support, and treated her harshly and with neglect in sickness ; and there was also evidence of circumstances tending to show a reasonable apprehension that if she cohabited with him she might be subjected to disease. There was no evidence of actual violence. cited Webster's Pol. Die. ‘ Cruelty’ ; 2 Kent’s Com. 125 ; Ainsworth's Lat. Die. 1 Seemtia ;’ 4 Mass. 587, French vs. French; 2 Phil.…
1Opinion of the Court
By the Court.
Parker J.
In Warren vs. Warren, 3 Mass. 321, Parsons. C. J. says — “ The extreme cruelty in *197“ the statute means personal violence, and answers to the “ scBvitia of the civil law.”
In 2 Kent's Com. (lsí ed.) 106, it is said — “ The causes ' “must be grave and weighty, and show such a state of “ personal danger as that the duties of the married life can- “ not be discharged. Mere austerity of temper, petulance “ of manners, rudeness of language, or want of civil atten- “ tion, even occasional sallies of pagsion, if they do not “ threaten bodily harm, do not amount to that cruelty…
2Cited by2 opinions
- Day v. DaySupreme Court of New Hampshire · 1876
- Day v. DaySupreme Court of New Hampshire · 1876