Marks v. Marks

Motion by defendant (1) for an order settling the issues of fact to be tried by jury, and (2) for a bill of particulars.

Plaintiff is suing for an annulment on the ground that defendant fraudulently misrepresented that she would have children and fraudulently concealed a heart condition rendering it impossible or dangerous for her to conceive.

Plaintiff opposes the first branch of the motion only with respect to proposed questions 17 and 18. His objection is well taken as to question 17, which is a question of law, not of fact. Section 1142 of the Civil Practice Act, which provides for the…