# Dolan v. Dolan

> Supreme Judicial Court of Maine · November 25, 1969 · 259 A.2d 32

URL: https://www.frixlaw.com/law-library/cases/9696439

## Case

- **Full name:** Ronald E. DOLAN v. Lucille E. DOLAN
- **Court:** Supreme Judicial Court of Maine
- **Decided:** November 25, 1969
- **Citations:** 259 A.2d 32; 52 A.L.R. 3d 577; 1969 Me. LEXIS 213
- **Precedential status:** Published
- **Opinion:** Dissent by Marden
- **Judges:** Williamson, Web-Ber, Marden, Dufresne, Weatherbee, Tapley
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9696439

## How later opinions describe it (automated extraction)

- applying section 693 to appeal from denial of annulment

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9696439. Public record. Not legal advice.