Tober v. Tober

Plaintiff has brought this action for a separation upon the ground of cruel treatment. The defendant denies cruelty and alleges as a counterclaim that he was induced by fraud to marry the plaintiff, and asks for an annulment of the marriage.

The action was heard for two days beginning October 23, 1935, and again on December 4, 1935, the trial having been adjourned to enable the defendant to present certain medical evidence and the plaintiff to meet the charges of fraud. At the close of defendant’s evidence on December fourth, the plaintiff moved to dismiss the counterclaim under section 1168…