Supreme Court of New Hampshire, 1888

Ossipee v. Carroll County

Ossipee v. Carroll County
Supreme Court of New Hampshire · Decided December 5, 1888 · Bingham, Smith
17 A. 1058; 65 N.H. 12

Ossipee v. Carroll County

Opinion of the Court

Bingham, J.

The settlement of the husband became that of the wife from the date of the marriage to that of the divorce. G. L., c. 81, s. 1, cl. 1. The statute especially gave her the settlement of her husband, and by implication she lost the one she •acquired prior to her marriage. Madbury, ex parte, 17 N. H. 569. Mrs. Wallace had the settlement of her husband in Ossipee when the decree of divorce was granted. If he had died instead of ■obtaining the divorce, she would have retained the settlement acquired through the marriage till she gained a new one. G. L., c. 81, s. 7. This section provides that “ every settlement shall continue until"a new settlement is gained in this state.” Peterborough v. Lancaster, 14 N. H. 382, 392; Landaff v. Atkinson, 8 N. H. 532, 535. Mrs. Wallace has not gained a new settlement, and the statute gives her the one she acquired by the marriage.

Case discharged.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.