Ferris v. Ferris
Supreme Court of Connecticut
IN ERROR. This was a petition for a divorce, brought by Sarah Ferris, against her husband Abel Ferris. The petition stated, that on the 26th of February 1828, she was lawfully married to the respondent; that she was induced to enter into such marriage from the false and fraudulent representations of the respondent, from which she was made to believe, that he was a sound man, and wholly competent to the performance of all the duties of a husband; yet that, at the time of said…
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IN ERROR. This was a petition for a divorce, brought by Sarah Ferris, against her husband Abel Ferris. The petition stated, that on the 26th of February 1828, she was lawfully married to the respondent; that she was induced to enter into such marriage from the false and fraudulent representations of the respondent, from which she was made to believe, that he was a sound man, and wholly competent to the performance of all the duties of a husband; yet that, at the time of said intermarriage, the respondent was, ever since has been, and still is, labouring under a corporal imbecility, and never…
1Opinion of the CourtBissell, J.
The defendant in error preferred her petition to the superior court, for a divorce; and the only question, arising upon this writ of error, regards the sufficiency of the petition. In deciding this question, the allegations regarding the fraudulent representations of the husband, can have no influence. It is not stated what those representations were; and that any were made, is rather matter of inference, than of positive averment.
Equally to be disregarded, is the averment respecting the absence of all sexual intercourse between the parties. The mere fact is stated, without any allegation as…
2Cases cited2 opinions
- Church v. Mehitable ChurchMassachusetts Supreme Judicial Court · 1807
- Choate v. ChoateMassachusetts Supreme Judicial Court · 1807
3Cited by5 opinions
- Griffeth v. GriffethIllinois Supreme Court · 1896
- AnonymousSupreme Court of Alabama · 1859
- Bascomb v. BascombSuperior Court of New Hampshire · 1852
- Allen v. AllenNew York Supreme Court · 1880
- Hobbs v. HobbsCalifornia Court of Appeal · 1909