Waughop v. Waughop

Citations

• 82 Wash. 69
• 143 P. 444
• 1914 Wash. LEXIS 1470

Syllabus

<p>Marriage — Annulment — Incompetency — Fraud — Burden of Proof. As tbe law presumes sanity, one attacking a marriage on the ground of his incompetency must establish the fact by clear and convincing evidence, but less evidence is required to annul a marriage induced by fraud or artifice.</p> <p>Same — Annulment — Incompetency — Evidence — Sufficiency. There was sufficient evidence to warrant the annulment of a marriage on account of plaintiff’s mental incompetency, and defendant’s fraud in procuring it, where it appears that the plaintiff, a physician 46 years of age, afflicted with insomnia and great mental worry, was but slightly acquainted with the defendant about January 26, that in a day or two he came completely under her influence at her sanitarium, where she administered drugs in excessive quantities to produce sleep, that they applied for a marriage license February 4th, which was refused after two physicians had examined plaintiff and reported him incompetent from the excessive use of drugs, notwithstanding which they were hastily married at midnight, and lived together until he recovered control óf his mental faculties, on February 12, when he left her and brought action the next day; that she had continued to give him drugs until February 9th or 10th, and he testified that he had no memory of either a courtship or a marriage, and was corroborated by all the circumstances.</p> <p>Same — Action to Annul — Costs to Wife. In an action by a husband to annul a marriage on account of incompetency and fraud, it is not error to refuse costs to the wife, in granting an annulment, where it appears that she was not blameless.</p>