Rand v. Rand
Supreme Court of New Hampshire
Libel for Divorce, for abandonment and refusal to cohabit for three years. For proof, the libellant relied on the fact of her own abandonment of the libellee caused by his acts of extreme cruelty. In answer to this, the libellee offered the record of a judgment denying a divorce on a former libel for the same extreme cruelty. The question was reserved whether that judgment is a bar to a divorce in this suit.
1Opinion of the CourtAllen, J.
The abandonment alleged arose from the plaintiff’s abandonment of her husband, caused by his acts of cruelty. To make out this charge of constructive abandonment, the plaintiff must show that the defendant intended that his wife should abandon him, and committed the acts complained of for the purpose of compelling a separation. Bishop Mar. & Div. 515; James v. James, 58 N. H. 266. Any conduct of the defendant intended to drive the plaintiff away and keep her away being good cause for her going away and staying away, is, in legal effect, his abandonment of her, whether he expels her from his…
2Cases cited1 opinion
- James v. JamesSupreme Court of New Hampshire · 1878
3Cited by2 opinions
- Geers v. GeersSupreme Court of New Hampshire · 1949
- Liberato v. LiberatoSupreme Court of New Hampshire · 1944