Mulligan v. Mulligan

Citations

• 21 Ohio C.C. Dec. 89

Syllabus

<p>DIVORCE AND ALIMONY — ERROR.</p> <p>1. Setting Aside Rules Observed for Many Years that Impede Justice.</p> <p>Courts inherently have the right to protect themselves and the publie from fraud and perjury; hence, neither question of public policy nor rule, of court which protects and encourages perjury and fraud can be permitted' perpetually to impede justice, notwithstanding such rule has been observed for more than a half century and that courts reluctantly upset well-established rules.</p> <p>2. Divorce Decree Set Aside after Term for Fraud and Perjury.</p> <p>A decree of divorce obtained by fraud and perjury, on the facts being shown, may be set aside after the term at which the divorce was granted, and notwithstanding remarriage of the guilty party.</p> <p>[Syllabus approved by the court.]</p>