Anonymous v. Anonymous
New York Supreme Court
Action by a wife for the annulment of her marriage on the ground of her physical incapacity.
1Opinion of the CourtStapleton, J.
The plaintiff, a wife, sues to annul her marriage. The cause alleged is that she was physically incapable of entering into the marriage state. The defendant appeared, but made default in pleading. The plaintiff applied for judgment. It would be indelicate to detail the nature of her claim. In outline she maintained that an hysterical condition,, accompanied by mental and emotional disturbances, followed attempts to consummate the marriage. A physician testified to an abnormality of plaintiff’s genitals, the nature of which he did not or could not name. To this abnormality he attributed the…
2Cases cited4 opinions
- Le Barron v. Le BarronSupreme Court of Vermont · 1862
- Newell v. NewellNew York Court of Chancery · 1841
- Hovey v. HoveyNew York Court of Chancery · 1836
- Cahn v. CahnNew York Supreme Court · 1897
3Cited by5 opinions
- Gabriel v. GabrielAppellate Division of the Supreme Court of the State of New York · 1948
- D, Otherwise C. v. CNew Jersey Superior Court Appellate Division · 1966
- Johnson v. JohnsonNew York Supreme Court · 1947
- Ozark v. OzarkNew York Supreme Court · 1947
- Stepanek v. StepanekCalifornia Court of Appeal · 1961