Gatto v. Gatto
Supreme Court of New Hampshire
Petition, for a decree annulling the marriage of the parties. It appeared that they had been acquainted for about three years before they were married; that the petitioner had repeatedly said to her that his family was a respectable one and he did not desire to bring into the family as his wife a woman whose character was not above reproach; that if she were not such they would go their respective ways, as he would not under any consideration marry her if she were not a…
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Petition, for a decree annulling the marriage of the parties. It appeared that they had been acquainted for about three years before they were married; that the petitioner had repeatedly said to her that his family was a respectable one and he did not desire to bring into the family as his wife a woman whose character was not above reproach; that if she were not such they would go their respective ways, as he would not under any consideration marry her if she were not a chaste and virtuous woman; that she told him and also wrote him to the effect that she was a virtuous girl and that he,…
1Opinion of the CourtWalker, J.
The claim of the defendant that the court is without jurisdiction to grant a decree of nullity is without merit. In a case requiring that remedy the power of the court is ample. True v. Ranney, 21 N. H. 52; Bickford v. Bickford, 74 N. H. 448, 453.
According to the law as announced in Moss v. Moss [1897] P. 263, the plaintiff is not entitled to a decree of nullity. It was there held that the fraudulent concealment by a woman from her husband at the time of the marriage of the fact of her existing pregnancy by another man does not render the marriage null and void, or afford him any ground for a…
2Cases cited16 opinions
- Di Lorenzo v. . Di LorenzoNew York Court of Appeals · 1903
- Baker v. BakerCalifornia Supreme Court · 1859
- Gould v. GouldSupreme Court of Connecticut · 1905
- Lyman v. LymanSupreme Court of Connecticut · 1916
- Svenson v. . SvensonNew York Court of Appeals · 1904
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brown v. ScottCourt of Appeals of Maryland · 1922
- Yanoff v. YanoffMichigan Supreme Court · 1927
- Wells v. TalhamWisconsin Supreme Court · 1923
- Robertson v. RothSupreme Court of Minnesota · 1925
- Raia v. RaiaSupreme Court of Alabama · 1926
3 more not listed; retrieve them via the Exa API.