Easter v. Easter
Supreme Court of New Hampshire
Libel eor Divorce, filed August 24, 1908. Transferred from the November term, 1908, of the superior court by Stone, J. February 19, 1905, the libelee without sufficient cause abandoned and refused to live with the libelant, and since that date the parties have not lived together or cohabited as husband and wife. September 11,1906, the libelant brought a libel for divorce on the ground of abandonment, which was entered at the September term. The libelee appeared.
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Libel eor Divorce, filed August 24, 1908. Transferred from the November term, 1908, of the superior court by Stone, J. February 19, 1905, the libelee without sufficient cause abandoned and refused to live with the libelant, and since that date the parties have not lived together or cohabited as husband and wife. September 11,1906, the libelant brought a libel for divorce on the ground of abandonment, which was entered at the September term. The libelee appeared. There was no hearing, but at the March term, 1907 (March 27), the libel was dismissed without prejudice. The libelee moved to…
1Opinion of the CourtParsons, C. J.
“A divorce from the bonds of matrimony shall be decreed in favor of the innocent party . . . when either party, without sufficient cause, and without the consent of the other, has abandoned and refused for three years together to cohabit with the other.” P. S., c. 175, s. 5. As there was no hearing, the facts involved in the first libel were not litigated, and the form of the judgment of dismissal (“ without prejudice ”) specially reserved to the parties the right to litigate all questions which might have been therein tried and determined. Brown v. Brown, 37 N. H. 536.
Whether the defendant,…
2Cases cited8 opinions
- Ford v. FordMassachusetts Supreme Judicial Court · 1887
- Neddo v. NeddoSupreme Court of Kansas · 1896
- Doyle v. DoyleSupreme Court of Missouri · 1858
- Hurning v. HurningSupreme Court of Minnesota · 1900
- Palmer v. PalmerSupreme Court of Florida · 1895
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3Cited by7 opinions
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- Jacobs v. JacobsNew Jersey Court of Chancery · 1927
- Born v. BornSupreme Court of Georgia · 1958
- Cook v. CookNew Jersey Court of Chancery · 1925
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