Opinion
No. 4052.
Decided November 6, 1951.
A libel for divorce which alleged serious injury to libelant's health resulting from certain conduct on the part of the libelee and supported by evidence of loss of weight, a nervous condition and medical treatment, justified the granting of a divorce.
LIBEL FOR DIVORCE, alleging treatment seriously injurious to health. R.L., c. 339, s. 6, par. V. The cause for divorce was set out in the libel as follows: "Yet the said Loamini T. Buck, wholly regardless of his marriage covenant and duty, at said Newton, on days and times too numerous to mention for at least two years last past, has so conducted himself toward the libellant as seriously to injure her health, viz., has required her to stay in the house and constantly work when not employed outside the home, often has reminded her that he has no affection for her, also that she make. monthly payments upon an automobile which is registered to and used by him, that she make monthly payments upon a lot of land and the story and one half house which was deeded by her parents to the parties jointly, where she now lives . . . and also by other means has caused her worry, nervous strain, and physical injury . . . ." Divorce granted. Libelee's motion to dismiss, made before libelant's testimony, on the grounds that the allegations made in the libel if proved as a matter of law did not constitute grounds for divorce was denied and his exception thereto as well as his exception to the denial of his motion to dismiss made at the close of libelant's evidence were reserved and transferred by Sullivan, J.
Other facts appear in the opinion.
William H. Sleeper, Robert Shaw and Wayne J. Mullavey (Mr. Mullavey orally), for the libelant.
Russell H. McGuirk (by brief and orally), for the libelee.
The libelant in this case cannot contend any more than in Geers v. Geers, 95 N.H. 316, 317, that her pleadings "are model forms of unimpeachable clarity." They lack the necessary details as to "specific acts and dates relied upon to constitute a cause . . . for divorce." Superior Court rule 125 (93 N.H. appendix). And if objection had been made for that reason the libel would have had to be amended in those respects or dismissed. Geers v. Geers, supra, 317. However it alleges serious injury to libelant's health resulting from certain conduct on the part of the libelee which is the gist of the cause for divorce alleged therein. Robinson v. Robinson, 66 N.H. 600, 609.
Libelant testified that during her marriage to libelee her weight was reduced to eighty-four pounds from a normal of ninety-eight to one hundred pounds; that she had nervous spells when she "would start to shake and cry and laugh all at the same time"; and that she had to receive medical treatment therefor. Her testimony was corroborated by other witnesses including a doctor. She testified further that this condition resulted because the libelee did not earn money to pay their bills and insisted that she work and help to pay them although she preferred to stay home; also by reason of his general attitude toward her and his refusal to have children. This was evidence upon which the Trial Court could find treatment seriously to injure health. Szulc v. Szulc, 96 N.H. 190, 191.
Libelee's motions to dismiss were therefore properly denied and the order must be
Exceptions overruled.
All concurred.