Opinion
June 12, 1950.
In an action by plaintiff wife for an annulment of marriage on the ground of defendant's physical incapacity, plaintiff's complaint was dismissed for failure to establish the allegations of the complaint. Judgment reversed on the law and the facts, with costs, and judgment directed in favor of plaintiff, without costs. In our opinion plaintiff established her cause of action and it was error to dismiss the complaint. Nolan, P.J., Carswell, Johnston, Sneed and MacCrate, JJ., concur.