West

By this action plaintiff seeks to annul his marriage with defendant. The appeal is by the plaintiff on the judgment-roll alone. The findings and facts admitted by the pleadings, among other things, show that the parties were married on the 7th of November, 1917, at which time the said Laurel Y. West was under the age of eighteen years, and had no guardian other than his parents in whose custody and under whose control he then was; that the parents had no knowledge of the marriage and did not consent to it; that subsequent to the marriage two children were born to the parties; that after the plaintiff attained the age of eighteen years he and the defendant never cohabited together. The further fact appears that the plaintiff’s parents after learning that the marriage had been duly solemnized, encouraged the plaintiff and defendant to continue living together as man and wife.

On these facts the superior court rendered judgment in favor of the defendant. Section 82 of the Civil Code provides: “A marriage may be annulled for any of the following causes, existing at the time of the marriage: First, that the party in whose favor it is sought to have the marriage annulled was under the…