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WILLIAMS v. WITT

98 N.J. Super. 1 (1967)

235 A.2d 902

CAROLEE ELLA WILLIAMS, FALSELY CALLED CAROLEE ELLA WITT, PLAINTIFF-APPELLANT, v. RONALD DAVID WITT, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1967.

Attorney(s) appearing for the Case

Mr. Daniel E. Isles for appellant (Messrs. Querques & Isles, attorneys).

No appearance for respondent.

Before Judges KILKENNY, CARTON and MEHLER.

The opinion of the court was delivered by MEHLER, J.S.C.

This appeal is from the dismissal, in an uncontested case, of a complaint seeking to nullify a marriage. Plaintiff charged defendant with fraud as to an essential of the marriage contract, namely, that he possessed a preconceived uncommunicated determination at the time of the marriage never to have children. The court below dismissed the complaint on the ground that plaintiff was the moving party in contraceptive...

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