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6 N.H. 87

Cram v. Cram

Superior Court of New Hampshire

Decided March 15, 1833

Superior Court of New Hampshire · decided 1833-03-15

This was an application for a divorce. The alleged cause was, that the husband had willingly absented himself from the wife for the space of three years together, without making suitable provision for her support, having it in his power so to do.

Relies on M'Gahay v. Williams

Decided 1833-03-15

Parker J.

¶1We are of opinion that this case does not show an absenting of himself by the husband within the meaning of the statute.

¶2The statute intended such an absence as to leave the wife without the means of compelling the husband to provide for her support.

¶3But in this case her means are ample. As he refuses to support her he furnishes her with his credit, and any other person may provide her with necessaries and have a valid claim against him for the amount. 2 Strange, 1214, Bolton v. Prentice; 4 Burr. 2177, Thompson v. Hervey; 1 Ld. Raym. 444; 2 ditto, 1006; 12 Johns. 295, M'Gahay v. Williams; ditto, 248, Lockwood v. Thomas. And as he is within the State, and possessed of sufficient property, the remedy is of course plain and effectual.

¶4Libel dismissed.

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