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JOHNSON v. JOHNSON

No. 7842.

104 N.W.2d 8 (1960)

Bennie O. JOHNSON by Duane Davis, his Guardian, Plaintiff and Respondent, v. Winnifred Margaret JOHNSON, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied July 16, 1960.

Attorney(s) appearing for the Case

Daniel S. Letnes and Philip Bangs, Grand Forks, Jansonius, Fleck, Smith, Lynch, Mather & Strutz, Bismarck, for defendant-appellant.

Day, Stokes, Vaaler & Gillig, Grand Forks, for plaintiff-respondent.

DOUGLAS B. HEEN, District Judge.

The plaintiff, Bennie O. Johnson, by Duane Davis, his guardian, brought this action for annulment of marriage on the grounds that plaintiff, at the time of marriage to defendant, was feeble-minded, a common drunkard and afflicted with a contagious disease, all or any of which, it is alleged, would prevent his marriage under the laws of this state.

The district court, after hearing the evidence, found that plaintiff at the time...

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