White v. White
Superior Court of New Hampshire
This was a libel for a divorce. The libellant alleged, that on the 17tli June, 1818, being sole and unmarried, and called Elizabeth Cotton, of Portsmouth, in the county of Rockingham, she was lawfully joined in marriage, by the Reverend Paul Dean, with Joseph White : that she had at all times, since their intermarriage, as aforesaid, treated the said Joseph in a faithful and affectionate manner, and in all respects observed and kept the marriage covenant.
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This was a libel for a divorce. The libellant alleged, that on the 17tli June, 1818, being sole and unmarried, and called Elizabeth Cotton, of Portsmouth, in the county of Rockingham, she was lawfully joined in marriage, by the Reverend Paul Dean, with Joseph White : that she had at all times, since their intermarriage, as aforesaid, treated the said Joseph in a faithful and affectionate manner, and in all respects observed and kept the marriage covenant. Yet the said Joseph, wholly regardless of his marriage vows, hath for the last five years together wholly and willingly absented himself…
1Opinion of the Court
By the court.
The libel in this case cannot be sustained. It is not alleged that the marriage was solemnized in this state, or that the husband has at any time resided here. However well founded, then, the complaint of the libellant may be in fact, it is clear that we have no power to decree a divorce, there not being enough alleged in the libel to bring the cause within the jurisdiction, of this court.
Every libel for a divorce ought to state with certainty the place where the marriage was solemnized. We do not mean to say that a divorce for the cause stated in this libel can be decreed in no…
2Cited by1 opinion
- Clark v. ClarkSuperior Court of New Hampshire · 1835