Poe v. Carter

Supreme Court of New Jersey

Poe v. Carter

187 A. 34, 121 N.J. Eq. 84

DecidedOctober 5, 1936

StatusPublished

This text of 187 A. 34 (Poe v. Carter) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Poe v. Carter, 187 A. 34, 121 N.J. Eq. 84 (N.J. 1936).

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Opinion

Per Curiam.

A husband sued for the annulment of his marriage because of the incurable impotency of his wife. The learned advisory master erroneously granted such a decree. The proofs carefully examined, together with the written report of Doctor Curtis, selected by the court with the consent of both counsel to examine both parties, clearly indicates that no incurable condition was established as required by statute. Heller v. Heller, 116 N. J. Eq. 543.

The wife also by counter-claim sought a divorce on the grounds‘of extreme cruelty. The proofs carefully examined clearly indicate that she was entitled to such relief.

The decree below will be reversed.

For affirmance — Trenohard, Lloyd, Heteield, Wells, JJ. 4. For reversal — The Chief-Justice, Parker, Case, Bodine, Heher, Perskie, Dear, WolfsKeil, Rafferty, Cole, JJ. 10.

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Per Curiam.

A husband sued for the annulment of his marriage because of the incurable impotency of his wife. The learned advisory master erroneously granted such a decree. The proofs carefully examined, together with the written report of Doctor Curtis, selected by the court with the consent of both counsel to examine both parties, clearly indicates that no incurable condition was established as required by statute. Heller v. Heller, 116 N. J. Eq. 543.

The wife also by counter-claim sought a divorce on the grounds‘of extreme cruelty. The proofs carefully examined clearly indicate that she was entitled to such relief.

The decree below will be reversed.

For affirmance — Trenohard, Lloyd, Heteield, Wells, JJ. 4. For reversal — The Chief-Justice, Parker, Case, Bodine, Heher, Perskie, Dear, WolfsKeil, Rafferty, Cole, JJ. 10.

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Bluebook (online)

187 A. 34, 121 N.J. Eq. 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poe-v-carter-nj-1936.