Cone v. Cone

Decided August 5, 1877

Supreme Court of New Hampshire · decided 1877-08-05

Libel, for divorce. The cause alleged and proved was the defendant’s actual imprisonment in the state prison, under a sentence for more than a year, for manslaughter. A bill of exceptions, for the reversal of the judgment, is pending. A divorce was decreed, and the defendant excepted.

Decided 1877-08-05

Doe, C. J.

¶1 The defendant’s actual imprisonment under the judg ment is a cause of divorce. The statute does not recognize the reversible character of such judgments as a reason for suspending their operation in proceedings for divorce. Gen. St., c. 163, s. 3.

¶2 Exception overruled.

Bingham, J., did not sit.