Wolfe v. Wolfe

Mr. PRESIDING JUSTICE JOHNSON,

dissenting.

I respectfully dissent. Fraud, in order to constitute a ground for an • annulment, must go to the essence of the marriage relationship. (Lyon v. Lyon (1907), 230 Ill. 366, 82 N.E. 850.) The degree of fraud sufficient to vitiate an ordinary contract will not afford sufficient ground for annulment of a marriage, and it is not sufficient that plaintiff relied on false representations and was deceived. (Bielby v. Bielby (1929), 333 Ill. 478, 165 N.E. 231.) In order to constitute fraud, for which an annulment of a marriage is properly decreed, the…