applying section 693 to appeal from denial of annulment
How later courts described this case
- applying section 693 to appeal from denial of annulment
Written by the judges who cited it.
The opinion
MARDEN, Justice
(dissenting in part).
I concur in the result on the merits only. Annulment is statutory both jurisdictionally, Brooks-Bischoffberger v. Bischoffberger, 129 Me. 52, 53 , 149 A. 606 , and as to subject matter, Mitchell v. Mitchell 136 Me. 406, 423 , 11 A.2d 898 , and DuPont v. DuPont, 8 Terry 231 , 90 A.2d 468 (Del.1952) cert. den. 344 U.S. 836 , 73 S.Ct. 46 , 97 L.Ed. 651 . See 19 M.R.S.A. § 632.
When a statute does not specify grounds for annulment, marriage being a civil contract, Whitehouse v. Whitehouse, 129 Me. 24, 26 , 149 A. 572 , 35 Am.Jur., Marriage § 1, it may be annulled “for any reason for which equity gives relief in respect to contracts generally.” 55 C.J.S. Marriage § 50. Impotence, as distinct from incapacity (non-age) and incompetence (mental disability), is not a ground for avoiding a contract.
It is respectfully submitted that reading impotence into our annulment statute as a ground therefor is both unnecessary and improvident. Unnecessary, for the aggrieved party has remedy in divorce proceedings (19 M.R.S.A. § 691), and improvident for in cases where property rights and counsel fees are involved the annulment statute gives no authority to deal with them decretally.