Elser v. Elser

The husband sues to annul the marriage upon the

grounds (1) that the defendant was physically incapable, etc., and (2) that he was induced to enter into the marriage contract by her fraud in concealing from him that she was an epileptic, and in leading him to believe, through statements to that effect, that she was in good health. It was proved, even conceded, that the defendant was, at the time of the marriage, and has been ever since, afflicted with the disease known as epilepsy.

As to the first ground urged, it was shown that the exercise of the matrimonial function induced on the part of…