Gondouin

Action to annul a marriage on the ground of fraud. The fraud alleged and relied upon is that defendant falsely stated to plaintiff that she was pregnant by him, and that plaintiff, believing and relying upon such false representation, was induced to, and did, marry the defendant.

The facts appearing of record, and upon, which we must presume the judgment is based, are substantially as follows: Plaintiff met defendant, who was then a young woman, in the year 1904 at the home of a mutual friend. The result of the meeting was that plaintiff became very devoted to defendant, and so marked in his attentions that he spent several evenings of each week in her company and at her home. He took her for walks and to the theater on many occasions. During a period of time while he was absent in Portland, Oregon, he wrote to her as often as three times a week. Finally in February, 1906, under promise of marriage, plaintiff succeeded in having sexual intercourse with the defendant. This sexual intercourse continued from time to time as occasion and opportunity offered until August, 1906, when defendant went to Oakland and stayed all night with plaintiff in a room in a public hotel. As the…