Opinion
April 10, 1950.
In an action to annul a marriage on the ground of fraud, plaintiff appeals from a judgment dismissing his complaint on the merits. The defendant defaulted in appearance and the proof was taken before an Official Referee appointed to hear and determine. Judgment, entered upon the decision of an Official Referee, reversed on the law and the facts, without costs, and interlocutory judgment of annulment directed to be entered, without costs. It is our opinion that the evidence adduced upon the hearing established a prima facie case entitling the plaintiff to a decree of annulment; that it was not contradicted by direct evidence or legitimate inferences, nor opposed to the probabilities; and there is no reason for denying its conclusiveness. Findings implicit in the decision of the learned Official Referee are contrary to the weight of the credible evidence and are reversed and new findings and conclusions will be made. Appellant will submit an order setting forth appropriate new findings and conclusions. Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.