To constitute an actual contract of marriage, the parties must consent thereto voluntarily without any fraud practiced upon either. Drunkenness at the time of marriage, brought about by art or contrivance to induce consent shall be held as fraud.
(Orig. Code 1863, § 1656; Code 1868, § 1700; Code 1873, § 1701; Code 1882, § 1701; Civil Code 1895, § 2414; Civil Code 1910, § 2933; Code 1933, § 53-103.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 52 Am. Jur. 2d, Marriage, §§ 21, 26 et seq.
1D Am. Jur. Pleading and Practice Forms, Annulment of Marriage, §§ 28, 41, 54.
C.J.S.- 55 C.J.S., Marriage, §§ 12, 18, 34.
ALR.
- Marriage to which consent of one of parties was obtained by duress as void or only voidable, 91 A.L.R. 414.
Concealment or misrepresentation relating to religion as ground for annulment, 44 A.L.R.3d 972.