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WELLS v. WELLS

41 N.J. 594 (1964)

198 A.2d 442

GEORGE A. WELLS, PLAINTIFF-APPELLANT, v. MATTIE BELLE ROBINSON WELLS, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 16, 1964.

Attorney(s) appearing for the Case

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

PER CURIAM.

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...

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