25 Conn. Super. Ct. 239 - Bernstein v. Bernstein’s Empirical Analysis
1964
Citation profile
2
cited by 2 later decisions
1
states following
November 2002
most recently cited
2 state decisions
Relationships
Relies on Millar v. Millar · Davis v. Davis · Anders v. Anders · Mazzei v. Cantales · de Baillet-Latour v. de Baillet-Latour
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“fact of entry into marriage gives rise to a presumption that the parties intend to enter into a normal marital relationship. This includes cohabitation and all of the obligations, duties and responsibilities that go with a normal marriage. When a party consistently and from the beginning refuses to do or assume any of these things, without evidence of ratification a cause for annulment exists. There must be mutual consent to the marriage, and when only one party consents to the contract, there is no marriage. Since the defendant had the intention which existed at the time of the marriage ceremony of not cohabiting or consummating the marriage with the plaintiff, and the plaintiff was unaware of that intention at the time of the ceremony and would not have entered into the marriage if he had known of that intention, and the defendant continuously and wrongfully refused to carry out the purposes of the marriage, there is such legal cause as justifies the annulment of the marriage.”
1 later decision quote this exact passage“The two causes of action [dissolution and annulment] are distinguishing in that a divorce is based on a valid marriage and a cause which arises subsequently for terminating it, while an annulment is decreed on the theory that the marriage is void ad initio [from its inception].”
1 later decision quote this exact passage“The concealed intent not to assume the duties of the marital relationship is sufficient cause for an annulment.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.