Drake v. Drake
Supreme Court of New Hampshire
Libel eor Divorce, filed September 10, 1909. The libelee appeared specially and filed an answer alleging, in substance, that long before the present proceeding was begun she instituted a suit for a divorce in Massachusetts against the libelant, who did not appear, and that on December 10, 1909, a divorce nisi was granted her.
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Libel eor Divorce, filed September 10, 1909. The libelee appeared specially and filed an answer alleging, in substance, that long before the present proceeding was begun she instituted a suit for a divorce in Massachusetts against the libelant, who did not appear, and that on December 10, 1909, a divorce nisi was granted her. At the hearing, February 17, 1910, the court found these allegations to' be true, but granted a divorce to the libelant, who is a resident of this state, subject to the libelee’s exception. Transferred from the January term, 1910, of the superior court by Plummer, J.
1Opinion of the CourtWalker, J.
It is contended in behalf of the libelee that the decree nisi entered in the suit in Massachusetts precludes the prosecution of the suit in this jurisdiction, on the ground that it is a judgment upon the status of the parties. It is conceded that it did not have the effect of dissolving the marriage, which, under the statute of that state, could only follow after the expiration of six months from the date of the decree. Mass. R. L., c. 152, s. 18. During that time, upon the application of any party interested, the question whether the preliminary decree should even then become absolute might…
2Cases cited2 opinions
- Chase v. WebsterMassachusetts Supreme Judicial Court · 1897
- Wales v. WalesMassachusetts Supreme Judicial Court · 1875
3Cited by3 opinions
- Crayne v. CrayneNevada Supreme Court · 1932
- Smart v. SmartNew York Supreme Court · 1931
- Braun v. BraunSupreme Court of New Hampshire · 1976