Gardner v. Gardner

Judgment affirmed, without costs of this appeal to either party. Memorandum: Plaintiff appeals from a judgment of the Supreme Court, Oneida County, which dismissed plaintiff’s complaint on the merits. The action was brought to annul the marriage on the ground of fraud. Defendant appeared by counsel but interposed no answer. Defendant’s counsel appeared at the trial but presented no witnesses, interposed no objections, and did not cross-examine plaintiff or the two witnesses sworn in his behalf. The trial court in a memorandum decision refused to grant the relief asked for on the ground that…