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Myre v. Myre

Supreme Court of New Hampshire Hillsborough
Feb 7, 1933
164 A. 553 (N.H. 1933)

Opinion

Decided February 7, 1933.

PETITION, for separation, alleging adultery and extreme cruelty. A master reported that adultery was not proved, but recommended that the petition be granted. The court (Page, J.) decreed separation for extreme cruelty and the defendant excepted.

Omer H. Amyot and Doyle Doyle, for the plaintiff.

Alfred J. Chretien, for the defendant.


The master's report makes no finding of extreme cruelty and no facts are found making it a necessary inference or implication therefrom. The recommendation for a decree is not the exercise of judicial functions. And if it were, it appears to have been made as much for other reasons as for the cause for which the decree was granted. In this situation the decree is set aside. Unless justice requires an order of mistrial on the issue of extreme cruelty, the report should be recommitted for an express finding whether it was proved.

Decree set aside.


Summaries of

Myre v. Myre

Supreme Court of New Hampshire Hillsborough
Feb 7, 1933
164 A. 553 (N.H. 1933)
Case details for

Myre v. Myre

Case Details

Full title:ALEXANDRINE MYRE v. ISIDORE MYRE

Court:Supreme Court of New Hampshire Hillsborough

Date published: Feb 7, 1933

Citations

164 A. 553 (N.H. 1933)
164 A. 553