Kimball v. Kimball
Superior Court of New Hampshire
Libel, for a divorce, describing the libellant as of Grafton, in this county, and alleging that the parties were married at Seabrook, in the county of Rockingham, on the 27th of May, 1835, and that on the 22d day of March, 1839, the respondent unnecessarily, without sufficient cause, and against the consent of the said libellant, left him, and has from that time to the present refused, and still does refuse, to live or cohabit with him.
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Libel, for a divorce, describing the libellant as of Grafton, in this county, and alleging that the parties were married at Seabrook, in the county of Rockingham, on the 27th of May, 1835, and that on the 22d day of March, 1839, the respondent unnecessarily, without sufficient cause, and against the consent of the said libellant, left him, and has from that time to the present refused, and still does refuse, to live or cohabit with him. The libel was dated on the 30th of April, 1842, but was not filed in the clerk’s office until the 14th of May following. Personal service was made on.the…
1Opinion of the CourtParker, C. J.
The statute of June 19, 1840, provides that if any husband or wife has, before the passage of the act, unnecessarily, without sufficient cause, and against the consent of the other, abandoned the other, and refused for any space of time to cohabit, &c., and shall, after the passage of the act, continue so to abandon and refuse to cohabit with the other, for such space of time, not less than three months, as that said abandonment and refusal shall have continued for the space of three years together, such abandonment and refusal shall be deemed and taken to be a sufficient cause of divorce…
2Cases cited2 opinions
- Clark v. ClarkSuperior Court of New Hampshire · 1835
- Frary v. FrarySuperior Court of New Hampshire · 1838
3Cited by1 opinion
- Batchelder v. BatchelderSuperior Court of New Hampshire · 1843