Height v. Height

Defendant moves, nnder subdivision 4 of rule 106 of the Rules of Civil Practice, to dismiss plaintiff’s complaint on the ground that it fails to state facts sufficient to constitute a cause of action. The basis for the relief sought is that the alleged antenuptial agreements, set forth at length in the complaint, are against public policy, thus void, and therefore legally insufficient to entitle plaintiff to the prayer for relief contained in his complaint.

The action is brought for annulment of marriage. The complaint makes certain allegations which must be accepted as true on a motion of…