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156 Conn. 628

Christoni v. Christoni

Supreme Court of Connecticut

Decided February 9, 1968

Supreme Court of Connecticut · decided 1968-02-09

Key passage — most relied on by later courts

“Where more than one ground for a divorce is claimed and one alleged ground is proved, it is immaterial whether or not an additional statutory ground or grounds may also exist.”

quoted by 1 later decision, including 1994 Conn. Super. Ct. 10394 - Detroy v. Detroy, No. Cv Fa 92 0124410 S (Oct. 11, 1994)

Good law ✅— No negative treatment on recordhow we know

Decided 1968-02-09

How this case has been cited

Cited by 7 later decisions — most recently May 2013

7 state decisions

20196819701980199020002010decided

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.

View the full empirical analysis of this case →

Per Curiam.

¶1These were companion cases. In one, the plaintiff sought a divorce, alleging both adultery and intolerable cruelty. In the other, the plaintiff sought, pursuant to § 46-10 of the General Statutes, indemnification from her husband for money paid out by her for the support of her children and herself. Both cases were referred to a referee, who, after a hearing, filed his report in which he concluded that the plaintiff was entitled *629to a divorce on the ground of adultery and that she should recover from the defendant by way of indemnification under the statute the sum of $6002.52. In each case, the court accepted the report of the referee and rendered judgment in accordance with his recommendation. The defendant has appealed in each case.

¶2In neither appeal is any attack made on the finding. In the divorce action, the only assigned error is that the referee reached no conclusion and made no recommendation as to the allegations of intolerable cruelty. In the action for indemnification, the only error assigned is that the court rendered judgment for the plaintiff without concluding that the plaintiff was entitled to a divorce on the ground of intolerable cruelty.

¶3There is no merit to the appeal in either case. Where more than one ground for a divorce is claimed and one alleged ground is proved, it is immaterial whether or not an additional statutory ground or grounds may also exist.

¶4In circumstances where it has been proved that the husband has committed adultery and the wife is fully justified in living apart from him and divorcing him for that reason, is it immaterial in her action for indemnification under § 46-10 of the General Statutes whether or not the husband can also be found to have committed acts of intolerable cruelty.

¶5The defendant has cited no authority to support his contentions, nor have we found any.

¶6There is no error in either case.

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