Franke v. Franke
California Supreme Court
APPEAL from Superior Court, Alameda County; John Ellsworth, Judge. Action by Rudolph Franke against Wilhelmine Augusta Franke to annul marriage. From a judgment for plaintiff, defendant appeals. Reversed.
1Opinion of the Court
VANCLIEF, C.
Action to annul marriage, on the ground that plaintiff’s consent to marry was obtained by fraud, and upon the further and distinct ground that the defendant was physically incapable of entering into the marriage state. The cause having been tried by the court, judgment was rendered in favor of plaintiff, from which, and from an order denying her motion for a new trial, the defendant has appealed.
The complaint, after stating the marriage on the fifteenth day of September, 1889, generally and meagerly alleges the cause of action as follows: “ (3) For the purpose of inducing the…
Also in this document: Per curiam.
2Cases cited3 opinions
- Crehore v. CrehoreMassachusetts Supreme Judicial Court · 1867
- Varney v. VarneyWisconsin Supreme Court · 1881
- Long v. LongSupreme Court of North Carolina · 1877
3Cited by10 opinions
- Gard v. GardMichigan Supreme Court · 1918
- Mayer v. MayerCalifornia Supreme Court · 1929
- Westfall v. WestfallOregon Supreme Court · 1921
- Jackson v. RubySupreme Judicial Court of Maine · 1921
- Thorne v. FarrarWashington Supreme Court · 1910
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