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POWELL v. POWELL

No. 4091.

97 N.H. 301 (1952)

GLENNIE MAE POWELL by her mother and next friend, THELMA BOUTWELL v. PERCY F. POWELL, JR.

Supreme Court of New Hampshire.

February 5, 1952.

Attorney(s) appearing for the Case

Leonard & Leonard and George Terrien (Mr. Thomas J. Leonard, Jr. orally), for the libelant.

John B. Ford (by brief and orally), for the libelee.

KENISON, J.

The libelee contends that the amendment of the divorce libel to a petition for annulment is precluded on the grounds of estoppel, election of remedies and by confirmation of the marriage under R. L., c. 338, s. 5. The statute reads as follows: "OF CONSENT. The age of consent shall be in the male, twenty years and in the female, eighteen years. Any marriage contracted by a person below the age of consent, except as hereinafter provided, may...

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