Dougherty v. Dougherty

Nathan D. Lapham, Off. Ref.

This uncontested action for annulment of marriage was referred to me by order of Mr. Justice Frederic T. Henry dated September 11, 1957 to hear and determine and the evidence was presented the following day.

The fraud on which plaintiff relies is the premarital statement and promise attributed to the defendant that he desired a large family and would use only the method of birth control accepted by the Roman Catholic Church of which they are members. They were married in November, 1948 and the union was interrupted by three separations, roughly spaced at three-year…