Payson v. Payson
Supreme Court of New Hampshire
The libel alleges: 1. That the libellant, Ann M. Payson, was married to Joseph W. Payson, May 11, 1852, at Salem, Mass. 2. She resided with him at Salem for a short time.
Read the full summary
The libel alleges: 1. That the libellant, Ann M. Payson, was married to Joseph W. Payson, May 11, 1852, at Salem, Mass. 2. She resided with him at Salem for a short time. He went to sea, returned in the fall of 1852, and resided with her a short time at Salem. 3. On the second of December, 1852, at Salem, said J. W. Payson willingly, and without cause, deserted her, and has ever since willingly absented himself from her, without, during all that time, making suitable provision for her support and maintenance, he being of sufficient ability. 4. Said J. W. Payson, on the second of December,…
1Opinion of the CourtBell, J.
The divorce-is claimed in this case on two grounds. The statute authorizes a divorce “ when the husband shall have willingly absented himself from the wife for the space of three years, without making suitable provision for her support and maintenance,” and “ when either party, without sufficient cause, and without consent of the other, shall have abandoned such other, and refused for three years to cohabit with such other.” Rev. Stat., chap. 148, sec. 3.
The question which arises in the case was left undecided in Frary v. Frary, 10 N. H. 63, with the significant remark of Parker, C. J., that,…
2Cited by2 opinions
- Woodruff v. WoodruffSupreme Court of New Hampshire · 1974
- deRonde v. deRondeSupreme Court of New Hampshire · 1977