Catts v. Catts

Citations

• 35 Pa. Super. 293
• 1908 Pa. Super. LEXIS 28

Syllabus

<p>Divorce — Setting aside decree — Laches—Fraud.</p> <p>A decree of divorce may be set aside for fraud or imposition; but the power is equitable, and the ground of its exercise is exceptional, and should appear of record so that it may clearly appear that it is not merely an arbitrary exercise of discretion.</p> <p>A decree of divorce will not be opened where the respondent has been guilty of gross laches.</p> <p>A woman against whom a decree of divorce had been entered made an application twenty-three months thereafter to have the decree set aside. She admitted that she knew that the decree had been entered about a ^ronth after its date. She claimed that she had never received actual notice of the meeting held for the purpose of taking testimony. It appeared, however, that the attorney she had employed at the institution of the proceedings had been instructed by her to withdraw his appearance before the meeting, and that the master had no notice of this withdrawal. The respondent also claimed that she had not received notice of the final rule for divorce. The clear weight of the evidence on this subject tended to contradict the respondent’s statement. There was no finding by the court below that the libelant had committed any fraud or used any undue means to secure the decree. Held, that it was error to set aside the decree.</p>