FOWLER v. FOWLER

No. 4067.

97 N.H. 216 (1951)

DANIEL E. FOWLER v. MABEL M. FOWLER.

Supreme Court of New Hampshire.

December 4, 1951.


Attorney(s) appearing for the Case

John W. Perkins and Everett P. Holland (Mr. Holland orally), for the plaintiff.

William H. Sleeper and Wayne J. Mullavey (Mr. Mullavey orally), for the defendant.


DUNCAN, J.

The defendant's motion was erroneously denied upon the ground that the court was without authority to make the requested orders in a case where the marriage was void ab initio. By the early statute of 1791, marriage by a party knowing a former spouse to be alive was made a cause for divorce; and the court was authorized to enter a decree restoring or assigning property to the wife in such a case as in cases of divorce for other causes, without distinction...

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