Brown v. Brown
| Decision Date | 06 February 1917 |
| Docket Number | No. 1402.,1402. |
| Citation | 78 N.H. 337,100 A. 604 |
| Parties | BROWN v. BROWN. |
| Court | New Hampshire Supreme Court |
Transferred from Superior Court, Belknap County; Kivel, Judge.
Divorce suit by John R. Brown against Lizzie R. Brown, for abandonment. Question transferred to Supreme Court. Question answered, and case discharged.
In June, 1910, the defendant left the plaintiff's bed without cause and without his consent, and has ever since refused to live with him as his wife. They lived in the same house until June, 1914, when she moved into another house, where she has since resided. The court transferred the question of whether the foregoing facts constitute a cause of divorce. Divorce decreed.
Walter S. Peaslee, of Laconia, for the plaintiff.
As the facts are understood the court has found that the defendant without sufficient cause and without her husband's consent has refused for more than three years together to live with him as his wife. On these facts there should be a decree for the plaintiff; for P. S. c. 175, § 5, subd. 10, provides that a divorce shall be decreed "when either party, without sufficient cause, and without the consent of the other, has abandoned and refused, for three years together, to cohabit with the other." The offense at which this subdivision is aimed is the abandonment of the relation of husband and Wife or the refusal to cohabit, not the abandonment of the house. That is a distinct cause for divorce. Subdivisions 11, 12. It is obvious therefore that the offense at which this section is aimed is one that may be committed as well when the parties live in the same house as when they live in different houses.
Divorce decreed.
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