Storrs v. Storrs
| Decision Date | 27 July 1894 |
| Citation | 68 N.H. 118,34 A. 672 |
| Parties | STORRS v. STORRS. |
| Court | New Hampshire Supreme Court |
Libel by Hinckley H. Storrs against Almeda L. Storrs for a divorce, on the ground of abandonment Dismissed.
The parties were married January L 1878, and lived together until June, 1882, when the defendant abandoned the plaintiff, without cause and without his consent in the fall of 1882 the defendant became incurably insane, and incapable of performing her marital duties. In February, 1883, she was placed in an asylum for the insane, where she has ever since remained She appeared by a guardian ad litem.
S. B. Page, for plaintiff.
CARPENTER, J. A libel may be maintained and a divorce decreed against an insane person for causes of divorce which arose and became complete before the defendant became insane. Mansfield v. Mansfield, 13 Mass. 412; Mordaunt v. Moncreiffe, L. R. 2 H. L. Sc. 374. Insanity at the time of the commission of the acts constituting the ground of divorce is a full defense. Broadstreet v. Broadstreet, 7 Mass. 474; Garnett v. Garnett, 114 Mass. 379; Nichols v. Nichols, 31 Vt. 328. Abandonment, to constitute a cause of divorce, must continue for three years together. Pub. St c. 175, § 5. The time during which the defendant has been insane cannot be included in computing the statutory period. But for her insanity, it may be that she would have repented and returned to her husband Libel dismissed.
CHASE, J., did not sit. The others concurred.
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Rice v. Rice
...a deserting spouse was insane could not be counted as part of the period of desertion required for divorce. In accord is Storrs v. Storrs, 68 N.H. 118, 34 A. 672. Likewise in Broadstreet v. Broadstreet, 7 Mass. 474, and Kretz v. Kretz, 73 N.J.Eq. 246, 67 A. 378, adultery while insane was he......
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Hadley v. Hadley.
...597; 17 Am.Jur. 266, Sec. 227; Broadstreet v. Broadstreet, 7 Mass. 474; Hartwell v. Hartwell, 234 Mass. 250, 125 N.E. 208; Storrs v. Storrs, 68 N.H. 118, 34 A. 672. Nothing appears in the reports in the Broadstreet case except the notation of the reporter that a divorce libel was dismissed ......
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Dorsey v. Dorsey
...the insanity of the wife she may have repented and returned to her husband before the expiration of the statutory period. Storrs v. Storrs (N.H., 1894), 68 N.H. 118, 34 Atl.Rep. 672; Nichols v. Nichols, 31 Vt. 328, 331; Pile v. Pile, 94 Ky. 308 22 S.W. 215." 20 App.D.C. at page 541. To like......
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Walker v. Walker
...divorce sought in the above-cited case was because the husband had failed to provide a support for his wife while insane. In Storrs v. Storrs, 68 N.H. 118, 34 A. 672, the court said: "Abandonment, to constitute a cause of divorce, must continue for three years together. . . . The time durin......