Day v. Day
Supreme Court of New Hampshire
Prom Strafford Circuit Court. Libel for divorce, on the ground of extreme cruelty. The cause was tried before Rand, J., who reported as follows : “ Only two assaults, made upon the libellant by the libellee, were proved ; and these were not of a very aggravated nature. But it was in proof that the libellee used very violent language towards the libellant, cursing her at times, and applying indecent epithets to her. This was especially the case during the last two years.
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Prom Strafford Circuit Court. Libel for divorce, on the ground of extreme cruelty. The cause was tried before Rand, J., who reported as follows : “ Only two assaults, made upon the libellant by the libellee, were proved ; and these were not of a very aggravated nature. But it was in proof that the libellee used very violent language towards the libellant, cursing her at times, and applying indecent epithets to her. This was especially the case during the last two years. I am satisfied that the libellee has conducted himself in such a way as to terrify his wife and children, and make the idea…
1Opinion of the Court
FROM STRAFFORD CIRCUIT COURT. The decision of the judge who tried this cause in the court below must be deemed conclusive upon all questions of fact. Bowman v. Sanborn,25 N.H. 87; Burnham v. McQuesten, 48 N.H. 446; Higbee v. Bacon, 11 Pick. 428. The facts reported furnish evidence from which the judge was authorized to find that the charge of extreme cruelty, as defined in Harratt v. Harratt, 7 N.H. 196, and Poor v. Poor, 8 N.H. 307, on pages 315 and 316, was supported. There is no claim that the in treatment was drawn upon the libellant by her own misconduct.
The second question raised by the…
2Cases cited6 opinions
- Commonwealth v. HutchinsonMassachusetts Supreme Judicial Court · 1813
- Clements v. MarstonSupreme Court of New Hampshire · 1872
- Bowman v. Sanborn & HarperSuperior Court of New Hampshire · 1852
- Poor v. PoorSuperior Court of New Hampshire · 1836
- Harratt v. HarrattSuperior Court of New Hampshire · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. TetraultSupreme Court of New Hampshire · 1915
- Page v. WhiddenSupreme Court of New Hampshire · 1880
- State v. KeyesSupreme Court of New Hampshire · 1974
- Peirce v. BurroughsSupreme Court of New Hampshire · 1880