Legal Opinion

Sworoski v. Sworoski

Supreme Court of New Hampshire

Decided June 2, 1908PublishedCited by 3 opinions

Libel eor Divorce, filed September 18,1907, alleging extreme cruelty and treatment seriously injuring health. The defendant appeared specially, filed a plea to the jurisdiction of the court, and entered-a motion to dismiss the libel for want of jurisdiction. At the November term, 1907, of the superior court, Stone, J., took jurisdiction of the cause and denied the motion, subject to the defendant’s exception.

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Libel eor Divorce, filed September 18,1907, alleging extreme cruelty and treatment seriously injuring health. The defendant appeared specially, filed a plea to the jurisdiction of the court, and entered-a motion to dismiss the libel for want of jurisdiction. At the November term, 1907, of the superior court, Stone, J., took jurisdiction of the cause and denied the motion, subject to the defendant’s exception. The grounds relied on in support of the plea were: That the domicile of the defendant at the time the action was begun was and now is in Massachusetts ; that the plaintiff’s domicile…

1Opinion of the CourtBingham, J.

A married woman residing in a sister state may for cause acquire a domicile apart from her husband by removing to this state with the intention of permanently making this her home and actually residing here (Frary v. Frary, 10 N. H. 61; Payson v. Payson, 34 N. H. 518; James v. James, 58 N. H. 266; Foss v. Foss, 58 N. H. 283; Shute v. Sargent, 67 N. H. 305); and a divorce may be granted to her by the courts of this state for causes which have accrued since taking up her permanent residence here and which are recognized by our laws as grounds of divorce. Hopkins v. Hopkins, 35 N. H. 474; Leith…

2Cases cited2 opinions

  1. Allan v. Vanmeter's DeviseesCourt of Appeals of Kentucky · 1858
  2. Cordier v. CordierNew York Supreme Court · 1863

3Cited by3 opinions

  1. Smart v. SmartNew York Supreme Court · 1931
  2. Braun v. BraunSupreme Court of New Hampshire · 1976
  3. Shatney v. ShatneySupreme Court of New Hampshire · 1912

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