Legal Opinion

G— v. G—

New Jersey Court of Chancery

Decided November 21, 1903PublishedCited by 12 opinions

On final hearing on bill, answer, cross-bill and answer and proofs. The petition is by husband against wife. It alleges that the parties were married in May,' 1871; that they lived together until October, 1891, most of the time in this state, when they separated. It then charges that the defendant, at divers times between the 10th of August, 1902, and the 4th of January, 19D3, committed adultery with one L. at a certain house in the city of Tew York.

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On final hearing on bill, answer, cross-bill and answer and proofs. The petition is by husband against wife. It alleges that the parties were married in May,' 1871; that they lived together until October, 1891, most of the time in this state, when they separated. It then charges that the defendant, at divers times between the 10th of August, 1902, and the 4th of January, 19D3, committed adultery with one L. at a certain house in the city of Tew York. The defendant, by her answer, admits the marriage, the residence in Tew Jersey and separation as alleged in the bill. She then denies the…

1Opinion of the Court

Pitney, V. C.

The record, as it now stands, presents questions of some novelty. Cases of impotence, especially in this court, are so rare that the rules governing the action of the courts in such cases are not thoroughly settled.

In England the notion seems to have been entertained formerly that complete impotence rendered the marriage void ab initio, precisely the same as would the existence in life at the time of the marriage of an undivorced spouse of one or the other of the parties; or the fact that the parties were related within the prohibited degrees of consanguinity. This is evidenced…

2Cited by12 opinions

  1. Garlinger v. GarlingerNew Jersey Superior Court Appellate Division · 1975
  2. Courson v. CoursonCourt of Appeals of Maryland · 1957
  3. Wigder v. WigderNew Jersey Court of Chancery · 1936
  4. Flood v. FloodCourt of Special Appeals of Maryland · 1975
  5. Grobart v. GrobartNew Jersey Court of Chancery · 1931

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