Marriage annulment; ground of physical incapacity; party to maintain; time limitation of suit.

Sec. 39. A suit to annul a marriage, on the ground of the physical incapacity of 1 of the parties, shall only be maintained by the injured party, against the party whose incapacity is alleged; and shall, in all cases, be brought within 2 years from the solemnization of the marriage. History: R.S. 1846, Ch. 84; CL 1857, 3260; CL 1871, 4771; How. 6259; CL 1897, 8651; CL 1915, 11427; CL 1929, 12758; CL 1948, 552.39