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Melvin v. Melvin

Melvin v. Melvin.

Melvin v. Melvin, 58 A. 835 (N.H. 1904)
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Court
Supreme Court of New Hampshire · State Highest Courts
Decided
July 2, 1904
Judges
Parsons, Young
Citations
58 A. 83573 N.H. 6021904 N.H. LEXIS 28
Summary
Motion, by the defendant, filed April 8, 1908, to bring forward and vacate a decree of divorce on the ground of adultery, granted at the September term, 1902. Previous to the return day of the original libel, the plaintiff agreed to pay the defendant $500, and in consideration of such agreement the defendant agreed that she would not appear to defend the divorce proceeding. The defendant suffered a default, but after the divorce was granted the plaintiff refused to pay the agreed sum. If payment had been made this motion would not have been filed. The motion was dismissed by Young, J., and the defendant excepted.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Parsons

Parsons, C. J.

Whether sufficient cause appears in any ease to require that an action should be brought forward and the judgment vacated, is a question of fact.

*603 The evidentiary facts stated are not necessarily inconsistent with a finding that justice did not require such action in this case; consequently the dismissal of the motion presents no error of law.

Fulton Pulley Co.

v. Company, 71 N. H. 384;

Reed v. Prescott, 70 N. H. 88;

Clough v. Moore, 63 N. H. 111, 113;

Warner Bank v. Clement, 58 N. H. 533.

Exception overruled.

Young, J., did not sit: the others concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1921: 11930: 11949: 119212026peak 1921 · 1

Relies on it most ⓘ

  1. Bussey v. Bussey64 A.2d 4 (N.H. 1949)
  2. Lamarre v. Lamarre152 A. 272 (N.H. 1930)
  3. Raymond v. Goodrich116 A. 38 (N.H. 1921)

Most recent

  1. Bussey v. Bussey64 A.2d 4 (N.H. 1949)
  2. Lamarre v. Lamarre152 A. 272 (N.H. 1930)
  3. Raymond v. Goodrich116 A. 38 (N.H. 1921)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Clough v. Fowler, 63 N.H. 111 (1884) 13
Reed v. Prescott, 46 A. 457 (N.H. 1899) 9
Warner Bank v. Clement & Co., 58 N.H. 533 (1879) 7
Fulton Pulley Co. v. Bates MacHine Co., 52 A. 457 (N.H. 1902) 2

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