Myre v. Myre

Supreme Court of New Hampshire

Myre v. Myre

164 A. 553, 86 N.H. 594, 1933 N.H. LEXIS 88

DecidedFebruary 7, 1933

StatusPublished

This text of 164 A. 553 (Myre v. Myre) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Myre v. Myre, 164 A. 553, 86 N.H. 594, 1933 N.H. LEXIS 88 (N.H. 1933).

Pincite

Opinion

Per Curiam.

The master’s report makes no finding of extreme cruelty and no facts are found making it a necessary inference or implication therefrom. The recommendation for a decree is not the exercise of judicial functions. And if it were, it appears to have been made as much for other reasons as for the cause for which the decree was granted. In this situation the decree is set aside. Unless justice requires an order of mistrial on the issue of extreme cruelty, the report should be recommitted for an express finding whether it was proved.

Decree set aside.

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Per Curiam.

The master’s report makes no finding of extreme cruelty and no facts are found making it a necessary inference or implication therefrom. The recommendation for a decree is not the exercise of judicial functions. And if it were, it appears to have been made as much for other reasons as for the cause for which the decree was granted. In this situation the decree is set aside. Unless justice requires an order of mistrial on the issue of extreme cruelty, the report should be recommitted for an express finding whether it was proved.

Decree set aside.

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Bluebook (online)

164 A. 553, 86 N.H. 594, 1933 N.H. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myre-v-myre-nh-1933.