Bunger v. Bunger

The opinion of the court was delivered by

Smith, J.:

The appellee brought this action for divorce and for his cause of action alleged, in addition to the formal allegations, substantially that he and the defendant were married on May 17, 1908, and lived together as husband and wife until August 10, 1908; that the defendant was impotent and that he did not know of this fact at the time of the marriage.

For a second cause of action, the plaintiff alleged, in substance, that defendant fraudulently contracted such marriage by misrepresenting the facts as to her condition; that plaintiff relied on…