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Wells v. Wells

Supreme Court of New Jersey
Mar 16, 1964
198 A.2d 442 (N.J. 1964)

Opinion

Argued February 3, 1964 —

Decided March 16, 1964.

Appeal from the Superior Court, Appellate Division.

Mr. William L. Brach argued the cause for plaintiff-appellant ( Messrs. Zucker, Brach Eichler, attorneys; Mr. William L. Brach, of counsel).

No appearance for defendant-respondent.


The opinion of the court was delivered


We are generally in accord with the dissenting opinion of Judge Gaulkin, 79 N.J. Super. 388, 395 ( App. Div. 1963).

The sole question presented is whether the trial court had the power to raise the issue of recrimination and whether under the facts of this case it should have raised that issue. Assuming that a court ordinarily has discretionary power to raise, sua sponte, a recriminatory bar to plaintiff's cause of action for divorce, we agree that the judge should not have exercised that discretion under the factual complex here present.

The judgment of the Appellate Division is accordingly reversed and entry of judgment of divorce in favor of plaintiff is directed.

For reversal — Chief Justice WEINTRAUB, and Justices JACOBS, FRANCIS, PROCTOR, HALL, SCHETTINO and HANEMAN — 7.

For affirmance — None.


Summaries of

Wells v. Wells

Supreme Court of New Jersey
Mar 16, 1964
198 A.2d 442 (N.J. 1964)
Case details for

Wells v. Wells

Case Details

Full title:GEORGE A. WELLS, PLAINTIFF-APPELLANT, v. MATTIE BELLE ROBINSON WELLS…

Court:Supreme Court of New Jersey

Date published: Mar 16, 1964

Citations

198 A.2d 442 (N.J. 1964)
198 A.2d 442

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