Anonymous

[1] Due, no doubt, to the fact that so few cases brought to annul a marriage upon the ground of impotency have been contested, the law upon this subject in this state seems to be somewhat in doubt. What few authorities there are, together with the provisions of the Code of Civil Procedure, § 1743, lead to the conclusion that the law is as follows:

The physical incapacity of entering into the marriage state must exist at the time of the marriage and be incurable. That if a slight operation will remove the incapacity without endangering life and health, the fact that the incapable one refuses to…