Linebaugh

This is an action brought by plaintiff for a judgment annulling a marriage between him and defendant, upon the ground that his consent to the marriage was obtained by duress, threats, intimidation, etc., the facts as to the alleged duress, etc., being specifically set forth in the complaint. Judgment was rendered in the court below annulling the marriage, and defendant appeals from the judgment. There is no bill of exceptions or statement; none of the evidence is brought up here in any form; and the only point made by appellant is, that the complaint does not state a cause of action.

The complaint was filed January 27, 1899, and it is averred therein: “That on the twenty-third day of January, 1899, the said plaintiff and defendant were married at the city of Santa Eosa, county of Sonoma, state of California, and ever since then have been, and now are, husband and wife;” and the contention of appellant is, that as by this language of the complaint plaintiff acknowledges and asserts a continuous status of marriage for four days, he has thus alleged a marriage that cannot be “annulled,” but must continue until dissolved by the death of one of the parties, or by a decree of divorce,…