Kuykendall v. Kuykendall

This action is brought to annul the marriage of the defendants, the plaintiff being the father of the defendant Theodore H. Kuykendall, who is alleged to have been under eighteen years of age at the time of the marriage. The defendant Theola Beck Kuykendall by her guardian ad litem demurs to the complaint on several grounds, but the legal question involved is whether the plaintiff has legal capacity to sue. The plaintiff’s right to maintain the action is predicated upon section 1744 of the Code of Civil Procedure, which says in part: “An action to annul a marriage on the ground that one or…