Marvis v. Marvis

Lazansky, J.:

Action to annul a marriage on the ground that defendant was at the time of the marriage, and still is, insane.

Article 67 of the Civil Practice Act, entitled “Action to annul a marriage,” makes no provision for an action to be brought by the sane person. There is cogent reason for concluding that actions to annul a marriage are not purely statutory. Section 7 of the Domestic Relations Law (as amd. by Laws of 1924, chap. 165), after naming four conditions under which a marriage may be voidable, provides: “Actions to annul a void or voidable marriage may be brought only as provided…