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154 Conn. 703

Wixner v. Wixner

Supreme Court of Connecticut

Decided November 2, 1966

Supreme Court of Connecticut · decided 1966-11-02

Relies on Gulf Oil Corporation v. Board of Selectmen · Dion v. Dion · Wilusz v. Ives

Good law ✅— No negative treatment on recordhow we know

Decided 1966-11-02

How this case has been cited

Cited by 7 later decisions — most recently December 1997

7 state decisions

501966197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The defendant husband has appealed from a judgment of the Superior Court which awarded the plaintiff wife a divorce on the ground of intolerable cruelty. General Statutes § 46-13.

¶2The case had been referred to a state referee, who, after a hearing, submitted a report and, at the parties’ request, a finding of subordinate facts. The referee concluded that the defendant’s conduct toward the plaintiff constituted intolerable cruelty. On the plaintiff’s motion, after a hearing on the *704defendant’s exceptions to the report, the court accepted the report and granted the divorce.

¶3When the defendant filed his appeal, he requested the court to make a finding. A finding by the court was inappropriate. Dion v. Dion, 128 Conn. 416, 417, 23 A.2d 314. We have repeatedly pointed out that in cases where the court hears no evidence it should not make a finding. See, e.g., Wilusz v. Ives, 152 Conn. 352, 354, 206 A.2d 841; Gulf Oil Corporation v. Board of Selectmen, 144 Conn. 61, 64, 127 A.2d 48. In the present case, the court erroneously complied with the defendant’s request and made an extensive “finding,” apparently based on a reading of the transcript of the evidence taken at the referee’s hearing. The errors which the defendant assigns are directed to matters contained in the inappropriate and improper finding. The errors which are assigned in no way challenge the court’s exercise of its function under Practice Book § 363, and therefore no issues are properly presented to us.

¶4There is no error.

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