Turney v. Avery

Walker, Chancellor.

The petition is one for annulment of marriage on two grounds — (1) impotence, and (2) fraud in the contract. The impotence charge is that the defendant had had a surgical operation performed upon, her whereby her ovaries had been removed. The sterility resulting from this the petitioner called impotence, but in law it is not. The doctors who were called testified that the defendant was capable of having sexual intercourse, and the husband testified that he had had such intercourse with her on several occasions. In Kirschbaum v. Kirschbaum, 111 Atl. Rep. 697, I decided that…