Fluharty v. Fluharty

Harrington, J.,

delivering the opinion of the Court:

Independent of statute, it has been aptly said that “Where the mind is overcome by fraud, by error, or duress, so that, in fact, it does not consent to an apparent marriage, the law will deem it to be no marriage; though, if after the thrall is broken, it then freely consents, no repetition *490of the ceremony will be required to make it good.” 1 Bishop on Marriage and Divorce, § 550; see, also, 1 Bouv. Law Dict., Rawle’s Third Revision, p. 517; 9 R. C. L. 302.

But Section 3497 of the Revised Code of 1935 provides:

“A marriage may be annulled for…