Danforth v. Danforth

Citations

• 105 Ill. 603
• 1883 Ill. LEXIS 127

Syllabus

<p>1. Divorce—refused, if the parties collude to procure one. The courts will never grant a divorce when it is made to appear that there is an agreement that the defendant will not defend against a decree, or that the parties have colluded to obtain a divorce, or so as to produce that result; and when it is shown that at the same time at which a decree of divorce is entered, an agreement was entered into between the parties that the divorce should be granted, fixing the alimony to be given, it is error for the court to refuse a motion to vacate the decree and allow a defence to be made.</p> <p>2. Same—decree for, may be changed or vacated. A decree of divorce, together with the record of other proceedings during the term it is entered, remains in fieri, and under the control of the court to amend, change or vacate, as justice may require; and if, during the term, it is shown that the divorce was the result of collusion, Or was aided or brought about by a collusive agreement of the parties, the court, on motion of either party, should vacate the decree and let in the defence.</p>