197 A.D. 489 | N.Y. App. Div. | 1921
This is an action for the annulment of a marriage between the plaintiff and the defendant on the ground of fraud. The summons was duly served on the defendant, who duly filed
Section 1750 of the Code of Civil Procedure authorizes in an action by the party defrauded, among other things, the annulment of a marriage on the ground that the consent of
Smith, Page and Merrell, JJ., concur; Clarke, P. J., dissents.
Judgment reversed, with costs, and interlocutory judgment of annulment of marriage ordered.