Lyndon v. Lyndon

Citations

• 69 Ill. 43

Syllabus

<p>1. Mabbiagb—consent of pa/rent or guardian of minor. The provision of our statute requiring the consent of parents or guardians to be had when the parties intending to many are in their minority, is founded in justice and in considerations of public policy. In such case they are in a state of servitude to their parents, from which they can not be released except by the consent of the parents.</p> <p>2. Same—may be avoided before consummation, on the ground of fraud and deception practiced. On bill to annul a marriage, and declare the contract void, it appeared that the complainant was a young school girl, only about fifteen years old at the time of the marriage; that the defendant was employed as her father’s coachman, and while in such employ took advantage of his position, while driving the children out, to inveigle the complainant into the marriage; that he procured the license through perjury, by swearing positively that the complainant was of age; and that she never consummated the marriage by cohabitation, but immediately repudiated the same: He Id, that the marriage, under such circumstances, ought not to be held valid, hut ought to be declared void; but that, had the parties voluntarily lived together as man and wife, the latter knowing that the crime of perjury had been committed, it would have been held valid.</p> <p>8. Chaboeby pbactice—effect of amending bill on default. When, after the defendant’s default is taken in a suit in chancery, the complainant amends his bill, this virtually sets the default aside, and. the defendant has the right to answer the same without any order setting aside his default.</p>