Ryder v. Ryder
Supreme Court of Vermont
Petition for annuling a marriage upon the ground that the consent of the petitioner to the marriage was obtained by fraud and that the petitionee was, at the time of contracting the marriage, physically incapable of entering into the marriage state. Heard at the September term, Windham county, 1891, Rowell, J., presiding. Upon the facts found the court dismissed the petition and the petitioner excepted. The opinion states the case.
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Petition for annuling a marriage upon the ground that the consent of the petitioner to the marriage was obtained by fraud and that the petitionee was, at the time of contracting the marriage, physically incapable of entering into the marriage state. Heard at the September term, Windham county, 1891, Rowell, J., presiding. Upon the facts found the court dismissed the petition and the petitioner excepted. The opinion states the case. By concealing her condition from the petitioner the petitionee was guilty of such fraud in obtaining his consent to the marriage that it should be annulled.…
1Opinion of the CourtRoss, C. J.
This is a petition for annuling a marriage upon the grounds, first, that it was procured by fraud, and, secondly, that the petitionee was physically incapable of entering into the marriage state. R. L., 2349, provides that
“The marriage contract maybe annulled when, at the time of the marriage, either party * * * was * * * physically incapable of entering into the marriage state, or when the consent of either party was obtained by force or fraud.”
It is found that,
“At the time of this marriage the petitionee had chronic syphilis which was incurable ; that at this time he supposed her to be…
2Cases cited2 opinions
- Devanbagh v. DevanbaghNew York Court of Chancery · 1836
- Newell v. NewellNew York Court of Chancery · 1841
3Cited by22 opinions
- Svenson v. . SvensonNew York Court of Appeals · 1904
- Stone v. StoneCourt of Appeals for the D.C. Circuit · 1943
- Bielby v. BielbyIllinois Supreme Court · 1929
- Craig v. CraigSupreme Court of Iowa · 1905
- Lyon v. LyonIllinois Supreme Court · 1907
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