Kimball v. Kimball
Supreme Court of New Hampshire
Libel fob. Divorce. . The petition alleges the marriage of the parties in New Hampshire in 1870, and their residence together in New Hampshire until August, 1883, since which time the plaintiff has resided and now resides in Massachusetts. The defendant has continued to reside in this state. The libel was filed in February, 1885, and charges adultery committed in this state as the cause of divorce.
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Libel fob. Divorce. . The petition alleges the marriage of the parties in New Hampshire in 1870, and their residence together in New Hampshire until August, 1883, since which time the plaintiff has resided and now resides in Massachusetts. The defendant has continued to reside in this state. The libel was filed in February, 1885, and charges adultery committed in this state as the cause of divorce. The defendant moved that the libel be dismissed for want of jurisdiction, because the plaintiff at the time it was filed resided out of. the state.
1Opinion of the CourtBingham, J.
Chapter 14, Laws of 1883, is entitled “An act to prevent fraudulent divorces.”. The first section provides that “ The jurisdiction of the courts of this state, in suits for divorce, shall be confined to the following classes [of cases] :
“ 1. Where both parties were domiciled within this state when the action was commenced.
“ 2. Where the plaintiff was domiciled witbin this state when tbe action was commenced, and the defendant was personally served with process within this state.
“8. Where one of the parties was domiciled within this state when the action was commenced, and one or the other of…
2Cited by3 opinions
- Burgess v. BurgessSupreme Court of New Hampshire · 1902
- Shatney v. ShatneySupreme Court of New Hampshire · 1912
- Smith v. SmithSupreme Court of New Hampshire · 1984