Vondal v. Vondal
Massachusetts Supreme Judicial Court
Libel, for a sentence of nullity of marriage. Trial in the Superior Court, before Fessenden, J., who ruled that the libel could not be maintained, and entered a decree dismissing the same; and the libellant alleged exceptions, which appear in the opinion.
1Opinion of the CourtBarker, J.
Although at the time of her marriage the libellee was afflicted with syphilis, and knew of her disease and *384concealed it from the libellant, the disease at that time was probably not contagious, and could have been so treated that it would not be communicated by contagion, and so as probably to make her free from suffering any ill effects from the disease. It is to be presumed that she could bear children, although her offspring would probably have been affected by the disease. The marriage was followed by cohabitation for four months, and, consummation must be presumed.
As was plainly…
2Cases cited1 opinion
- Smith v. SmithMassachusetts Supreme Judicial Court · 1898
3Cited by11 opinions
- Svenson v. . SvensonNew York Court of Appeals · 1904
- Ysern v. HorterNew Jersey Court of Chancery · 1920
- Chipman v. JohnstonMassachusetts Supreme Judicial Court · 1921
- di Lorenzo v. di LorenzoAppellate Division of the Supreme Court of the State of New York · 1902
- Arndt v. ArndtAppellate Court of Illinois · 1948
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