State v. Jordan

• Decision Date: 24 May 1955
• Court: Connecticut Supreme Court
• Parties: STATE of Connecticut v. James JORDAN. Supreme Court of Errors of Connecticut

Page 694

114 A.2d 694

142 Conn. 375

STATE of Connecticut v. James JORDAN.

Supreme Court of Errors of Connecticut.

May 24, 1955.

Ernest H. Halstedt, Asst. Atty. Gen., with whom were Richard E. Rapuano, Hartford, and, on the brief, John J. Bracken, Atty. Gen., for plaintiff.

Abraham Zweigbaum, New Haven, for defendant.

Before INGLIS, C. J., and BALDWIN, O'SULLIVAN, WYNNE and DALY, JJ.

WYNNE, Associate Justice.

In this reservation the parties have stipulated in substance as follows: The action was instituted by the state on a verified petition of the commissioner of welfare for an order requiring the defendant to make payment to the state for the support of his wife, Violetta. It was brought under the provisions of § 1112c of the 1953 Cumulative Supplement to the General Statutes. Liability is denied by the defendant on the ground that he owes no legal duty of support to his wife, who is a recipient of public assistance under the state's program of aid to the disabled. The state claims that the defendant's liability depends only on his ability to contribute. The defendant married Violetta Jordan in 1921 and cohabited with her for over twenty-five years. Their separation occurred February 16, 1947. It was caused by Violetta, who, without legal justification on her part and without fault on the part of the defendant, ordered him to leave their home. Prior to the separation, the defendant and his wife were living together in New Haven. The wife's daughter was living in the household. She caused disharmony and discord between the defendant and his wife, subjected the defendant to verbal and physical abuse and interfered with the management of the household. The defendant's wife preferred to have her daughter continue to reside with her and ordered the defendant to leave. The next day the defendant quitclaimed the property where they were living to his wife and thereafter paid debts contracted by himself and his wife amounting to about $400. On or about September,1951, the defendant was arrested for nonsupport of his wife under the provisions of § 8586 of the General Statutes, and in the Court of Common Pleas at New Haven was found not guilty on October 17, 1951.

The statute with which we are concerned, § 1112c, became effective May 27, 1953. The language which is pertinent to the question propounded is as follows: 'When any person who is a recipient of public assistance from the state has a husband, wife, father, mother, child, grandparent or grandchild who is able to provide all or part of such person's support but neglects or refuses to do so, the court of common pleas may make and enforce such orders * * *.' It will be noted that the statute expressly includes the words 'neglects or refuses to do so'. We are to ascertain the intention of the legislature from the words which it used in the statute, in view of the circumstances attendant upon its passage and the history and progress of kindred legislation. Jennings v. Connecticut Light & Power Co., 140 Conn. 650, 657, 103 A.2d 535. The record shows that the plaintiff's petition alleged that the defendant 'neglected or refused to pay.' This allegation was denied in the defendant's answer. The stipulation that was thereupon entered into stated that this issue was the sole one to be determined by the lower court.

The question upon which the advice of this court is desired is as follows: 'Does abandonment of a husband by a wife, or any other marital misconduct by said wife, or where a husband has been deprived of the comforts of his home created and caused by the unwarranted interference of a third party residing with the husband and wife or any other facts such as would be a valid defense to her...