Storrs v. Storrs

Supreme Court of New Hampshire

Storrs v. Storrs

34 A. 672, 68 N.H. 118

CourtSupreme Court of New Hampshire

DecidedJune 5, 1894

StatusPublished

Cited by10 cases

This text of 34 A. 672 (Storrs v. Storrs) 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

Storrs v. Storrs, 34 A. 672, 68 N.H. 118 (N.H. 1894).

Pincite

Opinion

Carpenter, J.

A libel may be maintained and a divorce decreed against an insane person for causes of divorce which arose and became complete before the defendant became insane. *119 Mansfield v. Mansfield, 13 Mass. 412; Mordaunt v. Moncreiffe, L. R., 2 Sc. & Div. App. 374. Insanity at tlie time of the commission of the acts constituting the ground of divorce is a full defence. Broadstreet v. Broadstreet, 7 Mass. 474; Garnett v. Garnett, 114 Mass. 379; Nichols v. Nichols, 31 Vt. 328.

Abandonment, to constitute a cause of divorce, must continue for three years together. P. S., c. 175, s. 5. The time during which the defendant has been insane cannot bo included in computing the statutory period. But for her insanity, it may be that she would have repented and returned to her husband.

Libel dismissed1

Chase, J., did not sit: the others concurred.

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Carpenter, J.

A libel may be maintained and a divorce decreed against an insane person for causes of divorce which arose and became complete before the defendant became insane. *119 Mansfield v. Mansfield, 13 Mass. 412; Mordaunt v. Moncreiffe, L. R., 2 Sc. & Div. App. 374. Insanity at tlie time of the commission of the acts constituting the ground of divorce is a full defence. Broadstreet v. Broadstreet, 7 Mass. 474; Garnett v. Garnett, 114 Mass. 379; Nichols v. Nichols, 31 Vt. 328.

Abandonment, to constitute a cause of divorce, must continue for three years together. P. S., c. 175, s. 5. The time during which the defendant has been insane cannot bo included in computing the statutory period. But for her insanity, it may be that she would have repented and returned to her husband.

Libel dismissed1

Chase, J., did not sit: the others concurred.

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34 A. 672, 68 N.H. 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/storrs-v-storrs-nh-1894.

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