Opinion
March 6, 1950.
In an action to annul a marriage on the ground of fraud, plaintiff appeals from a judgment dismissing her complaint on the merits. The defendant defaulted in appearance and the proof was taken before an Official Referee appointed to hear and determine, on whose decision judgment was entered. Judgment reversed on the law, without costs, and interlocutory judgment of annulment directed to be entered, without costs. In our opinion, the evidence established a prima facie case, was not opposed to the probabilities, and there was no reason for denying conclusiveness to such evidence. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Appellant is directed to submit an order setting forth the appropriate new findings and conclusions. Carswell, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.