Prosswimmer v. Prosswimmer

In this action by a wife against her husband, plaintiff has set forth two separate causes of action (1) to annul the marriage upon the ground of defendant’s fraudulent representations, and (2) for a separation on the ground of cruelty and failure to provide. Defendant moves (a) for judgment dismissing the first cause of action under rule 106 of the Buies of Civil Practice, on the ground of legal insufficiency, and under section 476 of the Civil Practice Act, on the ground that, by alleging a cause of action for-separation, plaintiff has ‘ ‘ admitted, and affirmed the existence of a valid…