If the
husband is the offender, the wife in such circumstances may claim her
right to one-third of his real estate; and if there are children, to
one-third of his personal property, and to one-half if there are none.
=Voidable Marriages.=--If a man and woman go through the marriage
ceremony, such a contract is null and void under the following
circumstances: (1) Where bigamy has been committed; (2) if one of the
parties were insane at the time of marriage; (3) where the plaintiff is
under sixteen years of age; (4) when the marriage has not been
consummated or followed by cohabitation; (5) when one of the parties was
incapable of performing the marital act (impotent, and such not known by
the other at the time); (6) when drunkenness had been induced so as to
obtain consent; (7) concealment of pregnancy at the time of marriage.
XXXIX.--FEIGNED DISEASES
Malingering in its various forms is by no means uncommon, and by many is
regarded as a disease in itself. It is necessary, however, to
distinguish between those cases in which it is feigned for some definite
purpose--for example, to escape punishment or avoid public service--and
those in which there is adequate motive, and the patient shams simply
with the view of exciting sympathy, or from the mere delight of giving
trouble.
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