Legal Opinion

Benton v. Benton

Supreme Court of Connecticut

Decided July 1, 1803PublishedCited by 10 opinions

In the Court below, T HIS was a petition to the Superior Court for a divorce. The case, as stated in the petition, and found by the Court, was, — That on the 20th of September, 1800, the respondent and petitioner were lawfully married; that previous to their marriage, the respondent professed a sincere attachment to the petitioner; that she confided in his professions; that his professions, however, were bottomed upon fraud and deceit; that before the marriage, she had been…

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In the Court below, T HIS was a petition to the Superior Court for a divorce. The case, as stated in the petition, and found by the Court, was, — That on the 20th of September, 1800, the respondent and petitioner were lawfully married; that previous to their marriage, the respondent professed a sincere attachment to the petitioner; that she confided in his professions; that his professions, however, were bottomed upon fraud and deceit; that before the marriage, she had been begotten with child by him ; that she had prayed out process against him, agreeably to the provisions of the statute…

1Opinion of the Court

By the Court.

'1 here are four causes, for either of which, the Superior Court are authorized, by statute, to grant bills of divorce : adultery-; fraudulent contract; wilful desertion for three years, with total neglect of duty* on application of the injured correlate; and seven year’s absence of one party, not heard of, which implies no injury, but is evidence of the death of the1 absent par-*113tv. If the statute reaches this case, it must fall undefr the head of fraudulent contract; whether it does so, or not, is the qufestidiu

The phrase fraudulent contract, in common parlance, admits of great…

2Cited by10 opinions

  1. Gould v. GouldSupreme Court of Connecticut · 1905
  2. Varney v. VarneyWisconsin Supreme Court · 1881
  3. Lindquist v. LindquistNew Jersey Superior Court Appellate Division · 1941
  4. Shrady v. LoganNew York Supreme Court · 1896
  5. States v. StatesNew Jersey Court of Chancery · 1883

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