Warner v. Warner
Supreme Court of New Hampshire
_ Ltjbel for Divorce, charging adultery. Subject to the plaintiff’s exception, the defendant was permitted to introduce testimony relating to her general reputation for virtue and chastity.
1Opinion of the CourtCarpenter, C. J.
Libels for divorce are, and until the legislature otherwise provides must be, tried' by the court. Const., art. 76 (now art. 75); Sheafe v. Sheafe, 24 N. H. 564, 567. “ The jurisdiction in cases of divorce a vinculo matrimonii is unknown to the common law, . . . and is exercised in modes unknown to the common law.” Brown v. Brown, 37 N. H. 536, 537. In the trial the court has never been governed by strict rules of evidence or practice, and has always exercised a broad discretion, as well in the admission of evidence as in other respects. Sheafe v. Sheafe, 24 N. H. 564, 568. This doubtless is…
2Cases cited1 opinion
- Melvin v. MelvinSupreme Court of New Hampshire · 1879
3Cited by2 opinions
- Pflug v. PflugSupreme Court of New Hampshire · 1942
- Dubreuil v. DubreuilSupreme Court of New Hampshire · 1943