Le Beau v. Le Beau

• Decision Date: 03 May 1921
• Docket Number: No. 1739.,1739.
• Parties: LE BEAU v. LE BEAU.
• Court: New Hampshire Supreme Court

114 A. 28

LE BEAU

v. LE BEAU.

No. 1739.

Supreme Court of New Hampshire. Merrimack.

May 3, 1921.

Transferred from Superior Court, Merrimack County; Sawyer, Judge.

Libel for divorce by Flora A, Le Beau against Eugene N. Le Beau. Divorce with alimony granted to libelant. Further alimony was allowed on libelant's motion, and case transferred from the superior court on libelee's exceptions. Exceptions overruled.

Motion to bring forward a libel for a divorce for extreme cruelty, which the court heard at the October term, 1918, and made the following decree:

"Divorce for extreme cruelty, care, custody, education and earnings of minor child, Eugene Osborn Le Beau, decreed, to the plaintiff. Libelee is to pay the libelant one thousand dollars forthwith, as alimony."

Previous to the decree the parties presented to the court a written agreement, in which they stipulated that the libelee should pay the libelant $1,000 to be in lieu of any and all obligations to support the libelant, and that the custody of the child should be granted to the libelant. It is alleged that since the decree the libelant has to a limited extent had the care and custody of the minor child, and has expended for his care, clothing, and education about $300; that the libelee, although requested, refused to reimburse the libelant, or to provide for the care and education of the child. The prayer in the petition is for further alimony, or that the libelee should pay the expenditures above set forth and to be incurred for the care and education of the child. The court having heard the parties, and found in substance that the libelant's allegation's were true, ordered the libelee to pay the libelant $319.44, and the libelee excepted.

Foster & Lake, of Concord (H. F. Lake, of Concord, orally), for libelant.

Nathaniel E. Martin, of Concord, for libelee.

PLUMMER, J. The sum, which the court ordered the libelee to pay to the libelant, is really alimony. To this the parties agree. Therefore the question presented by the exception is whether the court had the power to give the libelant additional alimony.

"Upon proper application and notice," the court "may revise and modify any order" made by such court, and "may make such new orders as may be necessary" respecting alimony. P. S. c. 175, § 18.

"Applications under this statute * * * may be made at any time, and when such an application is properly made, it is the duty of the court to hear and consider it. * * * On an application for a...