Section 25-3-8 - Physical incapacity as ground for annulment--Party bringing action--Time of action

25-3-8. Physical incapacity as ground for annulment--Party bringing action--Time of action.A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if either party was at the time of the marriage physically incapable of entering into the marriage state, and such incapacity continues and appears to be incurable. An action to obtain a decree of nullity of marriage for causes mentioned in this section must be commenced by the injured party, within four years after the marriage. Source: SDC 1939, §§14.0601 (6), 14.0602 (6).