Caleca v. Caleca

In an undefended action to annul a marriage upon the ground of fraud, interlocutory judgment dismissing the complaint, entered after trial before an Official Referee appointed to hear and determine, reversed on the law and the facts, without costs, and interlocutory judgment of annulment directed to be entered. Plaintiff’s proof is not incredible as a matter of law, and the Official Referee believed and credited it. Annulment was refused and the complaint was dismissed upon the stated ground that the proof required by section 1143 of the Civil Practice Act, other than the declaration or…