Mendez v. Mendez

Decision Date07 January 1971
Citation278 A.2d 795,160 Conn. 237
CourtConnecticut Supreme Court
PartiesMaximino MENDEZ v. Judy C. P. MENDEZ.

James M. Higgins, Asst. Atty. Gen., with whom, on the brief, were Robert K. Killian, Atty. Gen., and Francis J. macGregor, Asst. Atty. Gen., for appellant (state).

Kenneth D. Fernino, Hartford, for appellee (plaintiff).

Before ALCORN C.J. and HOUSE, THIM, RYAN and SHAPIRO, JJ.

ALCORN, Chief Justice.

The plaintiff brought this action against the defendant seeking a divorce on the grounds of intolerable cruelty and adultery. He alleged that there are no minor children of the marriage and that neither he nor the defendant is receiving assistance from any town or state agency. Consequently, there was no necessity, under Practice Book § 374 as then in force, to serve a copy on the welfare commissioner and no such service appears to have been made.

An answer was filed by Michael H. Heneghan, who had appeared as attorney for the defendant, and, on the plaintiff's motion, the case was referred to a state referee for hearing. Subsequently, the defendant filed a cross complaint which was withdrawn at the time of the hearing and the defendant did not contest the plaintiff's claim for a divorce on the ground of adultery. The court found that two children had been born to the defendant in 1966 and 1968 after the parties had permanently separated in 1964 and that the plaintiff was not the father. Judgment was rendered granting the plaintiff a divorce on the ground of the defendant's adultery 'on divers days between December 14, 1963 and November 21, 1966' and finding that there are no minor children issue of the marriage.

The present appeal from the judgment purports to be taken by 'the defendants, Judy Mendez and the State of Connecticut'. The appeal, the request for finding, and the draft finding, however, are by 'The Defendants, Robert K. Killian, Attorney General, By Francis J. MacGregor, Assistant Attorney General, Their Attorney'. The brief is submitted by 'Defendant Robert K. Killian, Attorney General, by Francis J. MacGregor Assistant Attorney General'.

The claim sought to be raised is that the presumption of legitimacy applies and that no testimony of the plaintiff tending to illegitimatize the children was admissible in evidence.

There are several reasons why this record presents no justiciable issue. First of all, there is nothing in the record to show that the attorney general has any proper standing in the case. Neither ...

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9 cases
  • Durso v. Misiorek
    • United States
    • Connecticut Supreme Court
    • July 29, 1986
    ...attorney general an automatic party to the proceedings. The case is therefore inapposite. Interestingly enough, a few months following the Mendez decision, the legislature passed what is now General Statutes § 46b-55(a) which provides: "The attorney general shall be and remain a party to an......
  • State v. Bitting
    • United States
    • Connecticut Supreme Court
    • November 23, 1971
    ... ... Mendez v. Mendez, 160 Conn ... 237, 239, 278 A.2d 795; Labbadia v. Bailey, 152 Conn. 187, 190, 205 A.2d 377 ...         The state's claims of ... ...
  • Barnett Motor Transp. Co. v. Cummins Diesel Engines of Conn., Inc.
    • United States
    • Connecticut Supreme Court
    • December 10, 1971
    ...to the jury to decide. The remaining assignments of error have not been briefed and are considered to be abandoned. Mendez v. Mendez, 160 Conn. 237, 239, 278 A.2d 795; Labbadia v. Bailey, 152 Conn. 187, 190, 205 A.2d The jury could have found the following from the plaintiff's claims of pro......
  • Busko v. DeFilippo
    • United States
    • Connecticut Supreme Court
    • March 1, 1972
    ...aside the verdict and order judgment notwithstanding the verdict have not been briefed and are considered abandoned. Mendez v. Mendez, 160 Conn. 237, 239, 278 A.2d 795; Labbadia v. Bailey, 152 Conn. 187, 190, 205 A.2d During the course of the trial, the defendant admitted that it was danger......
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