But immediately upon its consummation it automatically takes a status or relation which carries duties and responsibility over which the parties have no control and concerning which the state is interested. When the consent of a party to a marriage contract has been obtained by fraud, and there is no subsequent voluntary cohabitation of the parties, the marriage may be annuled at the suit of the injured party. Defendant is represented by a guardian ad litem. Plaintiff appeals from a judgment entered in favor of defendant. This action is brought to annul the marriage on the ground of fraud based alone upon the concealment or failure to disclose the fact that she had previously been so incarcerated. As a result of the marriage there is a child three years old, and defendant in November or December, 1921, was again adjudged insane and committed to a state hospital for insane where she has since been confined. He made no inquiry that should have elicited this fact. She did not disclose the fact that she had been adjudged insane. He met her parents in March of the same year before the marriage was planned, and the marriage occurred without their * Plaintiff met the defendant in January, 1919, and married her in August, 1919. She was paroled in March, 1916, and discharged in December, 1916, as cured. Defendant was confined in a state hospital for the insane between the months of December, 1915, and March, 1916.
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