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85 N.H. 249

157 A 532

Turner v. Turner

Supreme Court of New Hampshire

Decided December 1, 1931

Supreme Court of New Hampshire · decided 1931-12-01

Relies on Avakian v. Avakian · Antoine v. Antoine · Barney v. Cuness

Good law ✅— No negative treatment on recordhow we know

Decided 1931-12-01

How this case has been cited

Cited by 9 later decisions — most recently September 1955

9 state decisions

50193119401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Allen, J.

¶1 Jurisdiction is wanting. In adoption of common-law principles courts of equity require the residence, if not the domicile, of at least one of the parties for the maintenance of an annulment suit. Avakian v. Avakian, 69 N. J. Eq. 89; Rinaldi v. Rinaldi, 94 N. J. Eq. *250 14; Barney v. Cuness, 68 Vt. 51; Antoine v. Antoine, 132 Miss. 442. No statute has been here enacted to make the requirement unnecessary. If the legislation limiting jurisdiction in divorce libels (P. L., c. 287, ss. 3-5) is applicable to annulment suits, it limits rather than enlarges the scope of the equity rule.

¶2 The marriage was local, but that fact is of no avail. It is not where a transaction takes place that gives jurisdiction to determine its civil character, but where the parties to it are, or in some cases where their property is, makes the decisive test.

¶3 Petition dismissed.

All concurred.
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