Supreme Court of New Hampshire Carroll.
Decided August, 1877.
Actual imprisonment in the state prison under a sentence for more than a year is a cause of divorce, not suspended by a bill of exceptions on which the conviction may be reversed.
LIBEL, for divorce. The cause alleged and proved was the defendant’s actual imprisonment in the state prison, under a sentence for more than a year, for manslaughter. A bill of exceptions, for the reversal of the judgment, is pending. A divorce was decreed, and the defendant excepted.
Copeland and Quarles, for the defendant.
Hill, for the plaintiff.
DOE, C. J.
The defendant’s actual imprisonment under the judgment is a cause of divorce. The statute does not recognize the reversible character of such judgments as a reason for suspending their operation in proceedings for divorce. Gen. St., c. 163, s. 3.
Exception overruled.
BINGHAM, J., did not sit.