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5 N.H. 476

White v. White

Superior Court of New Hampshire

Decided September 15, 1831

Superior Court of New Hampshire · decided 1831-09-15

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.

Cited by 1 later decisions — most recently January 1857

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1831-09-15

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By the court.

¶1The 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.

¶2Every 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 case, when the marriage has not been solemnized in this state. But if it can be decreed in any such case, it must be where both the parties after the marriage become inhabitants of this state, and where the wife, at least, has continued to reside here during the time the husband has neglected to make provision for her support.

¶3Libel dismissed.

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