Boland v. O'neil, Admr.
Supreme Court of Connecticut
Action to recover damages for the breach of a contract of separation made between husband and wife, brought to the Superior Court in New Haven County and tried to the court, Prentice, J., upon the defendant’s demurrer to the amended complaint; the court sustained the demurrer, held the complaint insufficient, and rendered judgment (Robinson, J".) for the defendant, from which the plaintiff appealed for alleged errors in the rulings of the court.
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Action to recover damages for the breach of a contract of separation made between husband and wife, brought to the Superior Court in New Haven County and tried to the court, Prentice, J., upon the defendant’s demurrer to the amended complaint; the court sustained the demurrer, held the complaint insufficient, and rendered judgment (Robinson, J".) for the defendant, from which the plaintiff appealed for alleged errors in the rulings of the court. In the original writ the plaintiff describes herself as Mary A. Boland, formerly known as Mary A. Casey. In the original complaint she asked for…
1Opinion of the CourtHalIi, J.
The rulings of the court sustaining the defendant’s demurrer to each of the two amended complaints are the reasons of appeal assigned. The plaintiff is not entitled to have reviewed the ruling of the court upon the demurrer to the first amended complaint. The filing of the second amended complaint was a withdrawal of the first.
It is alleged as a ground of demurrer, that the contract described is not one which, either in law or equity, could be entered into between husband and wife, and that it is void both in law and equity as contrary to good morals and against public policy.
Equity does not…
2Cases cited7 opinions
- Randall v. RandallMichigan Supreme Court · 1877
- Carson v. MurrayNew York Court of Chancery · 1831
- Walker v. Walker'sSupreme Court of the United States · 1870
- Seeley's Appeal from ProbateSupreme Court of Connecticut · 1888
- Stebbins v. MorrisMontana Supreme Court · 1897
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