Bowman v. Bowman

Citations

• 64 Ill. 75

Syllabus

<p>1. Divorce—presumption as to sufficiency of proofs. Where the record in a suit for divorce failed to show that the evidence upon which the decree was based, was preserved, the judge’s certificate not purporting to contain all the evidence, but the decree recited that the court heard evidence which satisfied him as to the truth of the bill: Held, that this court would presume that the court heard oral proof in addition to the master’s report.</p> <p>2. Same—preserving proofs in the record. It is not necessary to preserve, in the record of a divorce suit, the proofs heard by the court on a decree pro confesso. It is enough that the court finds the allegations of the bill to be true when the contrary is not shown.</p> <p>3. Jurisdiction of defendant's person—finding of the court as to appear, anee. Where a decree recited that the defendant, in her proper person entered her appearance, and there was nothing in the record to contradict this finding, it will be held that the defendant voluntarily acknowledged the jurisdiction of the court. The entry of appearance on the bill before it was filed will not be sufficient to overcome this finding of the court.</p> <p>4. Vacating decree—counter affidavits admissible. On motion to vacate a decree of divorce on the ground that defendant had no knowledge of the pendency of the suit, and never appeared or authorized her appearance to he entered: Held, that counter affidavits were properly received to contradict the affidavit of the defendant offered in support of the motion. Such proceedings are, to a great extent, governed hy the rules in chancery cases.</p> <p>5. Same—notice of motion. For matters not appearing on the face of a decree, it should never be vacated without notice to the opposite party, who should he afforded an opportunity of resisting the same hy showing the facts hearing upon the right.</p> <p>6. Same—motion should be accompanied with answer. Where a motion is made to set aside a default and a decree, the motio