Hobbs

This appeal is from a judgment of the-superior court annulling the marriage of plaintiff and defendant.

The complaint alleges “that at the time of the marriage-as aforesaid, to wit, on the 12th day of September, 1905, the said defendant was incapable of entering into the marriage state by reason of the fact that he was unable to perform his marital duties and have sexual intercourse with the-plaintiff; that he has never at any time since said marriage-been able to enter the person of plaintiff; that the said de fendant has consulted physicians and taken medicine for the purpose of placing himself in a condition to perform his marital duties, but to no avail, and the said defendant has at all times since said marriage been incapable of performing his marital • duties, and is now incapable of performing his marital duties, and such incapacity continues.” Defendant demurred to the complaint upon the ground that it fails to state facts sufficient to constitute a cause of action. The demurrei* was overruled. Defendant thereafter answered, and the ease was tried before the court; findings were filed, upon which judgment was entered annulling the marriage.

Defendant claims that the…