Briggs

Plaintiff husband appeals from the order vacating and setting aside a judgment annulling his marriage to the defendant.

The judgment was rendered October 15, 1948, and upon defendant’s motion set aside April 23, 1957. The record contains many affidavits both supporting and opposing said motion. The affidavits are in direct conflict. Ignoring the conflicts and considering all the affidavits in the light most favorable to the order granting the petition to vacate the judgment, a fair summary of the facts surrounding the marriage of the parties is as follows.

February 3, 1944, defendant, then a single woman, was committed to Camarillo State Hospital, hereafter referred to as “Camarillo.” Plaintiff and defendant had been close friends for several years prior to defendant’s commitment, and plaintiff knew about her commitment and visited her often during her stay at Camarillo.

May 25, 1948, plaintiff and defendant’s mother visited defendant at Camarillo. Defendant was given a pass in their care. The two of them helped defendant select and buy a new outfit and change into it. Then plaintiff and defendant were married at Ventura and the latter returned to Camarillo.

June 3, 1948,…