(Download) "Fred A. Tuttle v. Florence E. Tuttle" by Supreme Court of New Hampshire # eBook PDF Kindle ePub Free
eBook details
- Title: Fred A. Tuttle v. Florence E. Tuttle
- Author : Supreme Court of New Hampshire
- Release Date : January 04, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
It is the general rule that a stranger to a decree of divorce has no standing on which to base a motion to set aside or annul the decree. 99 A. L. R. 1310. But the petition in the present case is in no respect an attack on the judgment rendered. It does not seek the abolition of rights already adjudicated but merely asks that those rights be made effective by relation from the date of their determination. It is true ""that divorce proceedings abate upon the death of either of the parties."" Leclerc v. Leclerc, 85 N.H. 121, 122. But this rule is not literally a hard and fast one. ""There may, perhaps, be cases where [one party having died] the court might order a decree to take effect from a former term, when the parties were living, where the case was ready for decision at such former term, and the entry of the decree was delayed for the convenience of the court."" Kimball v. Kimball, 44 N.H. 122, 124. Then, too, it is usually held that where property rights are involved a divorce action does not abate on the death of one of the parties pending an appeal. Bell v. Bell, 181 U. S. 175; Annotation, 3 A. L. R. 1422. See also Blaisdell v. Harris, 52 N.H. 191. ""And pursuant to the general principle that a court may enter nunc pro tunc a judgment previously rendered, if a judgment of divorce has been rendered which the clerk of the court has neglected to enter until after the death of one of the parties, he may be directed to enter it nunc pro tunc as of some day in the lifetime of the decedent, on application of one who was not a party to the cause, and when entered, it becomes operative as of the day of its rendition."" 1 Freeman, Judgments (5th ed.), s. 135. See also 104 A. L. R. 664.
 "Fred A. Tuttle v. Florence E. Tuttle" by Supreme Court of New Hampshire # eBook PDF Kindle ePub Free){kind=link}