144 N.Y.S. 774 | N.Y. App. Div. | 1913
This is an appeal from a judgment that dismissed the complaint in an action brought for an annulment of a marriage. This action was undefended and was tried before Blackmar, J. The record on appeal does not contain any copy of a complaint. Apparently there was nothing served on the defendant but a summons, on which was indorsed a statement as to the nature of the action. There was no evidence but that given by the plaintiff herself.
This is a tragic case for the young woman involved, but the sole question is whether she discloses sufficient facts to justify an annulment of the marriage on the ground of fraud. At the time of her marriage with the defendant she was about twenty-one years of age. She had met him at a dance. He appeared to have been attracted towards her, for he asked leave to call upon her. Between February, 1912, and April eleventh, of the same year, she met him about twice a week at
The judgment should be affirmed.
Jerks, P. J., Thomas, Rich and Putnam, JJ., concurred.
Judgment affirmed, without costs.