Weill v. Weill

The canonist in the ecclesiastical courts was averse to a decree of annulment of marriage upon any grounds of fraud or “ error,” as it ivas known in the courts spiritual, excepting it was of such nature as reached the essence of the consent of the parties. This was denominated “ error substantialis.” Such incidental mistake or fraud in the inception of the marriage relation, whether occurring through representation or suppression of facts, was called “ error accidentalis ” or immaterial .fraud, not striking at the capacity of the party to make the contract nor his ability to perform its…