Alexander

This is an appeal from an order sustaining a demurrer to the complaint. The complaint states that the plaintiff and the defendant were married- on the twenty-third day of March, 1917; that, at -the time of the marriage, the plaintiff was of the age of fifteen years, and had not previously been married; that said marriage was not consented to in writing or otherwise, or at all, by the parents or guardians of said plaintiff; that Jennie Carroll was, at the time of said marriage, the legal guardian of plaintiff, and still is said legal guardian, duly appointed and qualified, and has likewise been appointed guardian ad litem for the purpose of prosecuting this suit for the annulment of said marriage.

A demurrer to the complaint was sustained on the ground that said complaint did not state facts sufficient to constitute a cause of action.

The only question presented involves a construction of section 82 of the Civil Code. This section provides that a marriage may be annulled for a number of specified causes, existing at the time of the marriage. The cause relied upon by plaintiff is: “That the party in whose behalf it is sought to have the marriage annulled was under the age of legal…