O'Connell v. O'Connell

The action is to annul the marriage upon the grounds of fraud in the defendant’s misrepresentation that he was a man of good personal habits and particularly that he was not addicted to the use of stimulants. Such an *812action may be maintained at any time by the party whose consent was so obtained but it will not lie if it appears that at any time before commencement of the action the parties voluntarily cohabited as husband and wife with a full knowledge of the facts constituting the fraud (Civ. Prac. Act, § 1139). Final judgment shall not be rendered by default nor without proof upon the…