Allen v. Allen, Barber v. Barber
Supreme Court of Connecticut
Actions for divorce, brought to the Superior Court in Hartford County and tried to the court, Prentice, J.; facts found and judgment rendered in each case for the defendant, and appeal by the respective plaintiffs for alleged errors in the rulings of the court. These cases present but one question. The complaint in each case claims a divorce on the ground of habitual intemperance.
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Actions for divorce, brought to the Superior Court in Hartford County and tried to the court, Prentice, J.; facts found and judgment rendered in each case for the defendant, and appeal by the respective plaintiffs for alleged errors in the rulings of the court. These cases present but one question. The complaint in each case claims a divorce on the ground of habitual intemperance. Upon the trial the Superior Court in each case admitted evidence respecting habits and practices of the defendant as to intemperance, subsequent to the beginning of the action and up to the time of the trial, and in…
1Opinion of the CourtAndrews, C. J.
Marriage is that ceremony or process by which the relationship of husband and wife is constituted. The consent of the parties is everywhere deemed an essential condition to the forming of this relation. To this extent it is a contract. But when the relation is constituted then all its incidents, as well as the rights and duties of the parties resulting from the relation, are absolutely fixed by law. Hence, after a marriage is entered into the relation becomes a status, and is no longer one resting merely on contract. It is the relation fixed by law in which the married parties stand to each…
2Cases cited1 opinion
- Dennis v. DennisSupreme Court of Connecticut · 1896
3Cited by36 opinions
- Gould v. GouldSupreme Court of Connecticut · 1905
- Davis v. DavisSupreme Court of Connecticut · 1934
- Rehfuss v. RehfussCalifornia Supreme Court · 1915
- Steinmann v. SteinmannSupreme Court of Connecticut · 1936
- Felton v. FeltonSupreme Court of Connecticut · 1938
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