Campbell v. Campbell

We concur with Mr. Justice Untermyer in so far as the third and fourth affirmative defenses are held insufficient. However, we are of the opinion that in an action for an annulment of marriage on the ground of fraud, a defense of laches may not be interposed. It is to be noted that section 1139 of the Civil Practice Act provides: “ An action to annul a marriage on the ground that the consent of one of the parties thereto was obtained by force, duress or fraud may be maintained at any time by the party whose consent was so obtained.”

The same section makes specific provision as follows: “ Such…