Tausick v. Tausick

Citations

• 52 Wash. 301
• 100 P. 757
• 1909 Wash. LEXIS 1112

Syllabus

<p>Divorce — Vacating Judgment — Action to Vacate — Pleading — Demurrer to Defenses. In an action to set aside a divorce for fraud, a demurrer to tbe defense of laches in prosecuting the suit is properly overruled, although it may have been unnecessary to affirmatively plead it.</p> <p>Same — Defenses—Laches—Evidence. In an action to set aside a divorce obtained, as claimed, by the duress of threatened false charges of adultery, evidence of such adultery is properly admitted in defense of the action to show that the charges were not false, and that defendant had good grounds for divorce.</p> <p>Appeal — Review—Harmless Error. Error in admitting evidence is harmless where the case is tried de novo on appeal.</p> <p>Divorce — Vacating — Attorney and Client — Appearance — Authority. A decree of divorce, entered without service of process and upon defendant’s appearance by attorney, will not be set aside for want of authority for the attorney to appear, where the defendant verified the answer and knew of the purpose of the suit and knew of the decree, and shortly after was apprised of her rights, and it appears that she only became dissatisfied later when the husband refused to carry out promises with reference to a settlement.</p> <p>Divorce — Vacating—Cancellation of Settlement — Duress—Evidence — Sufficiency. The dismissal of an action to set aside a settlement between the parties to a divorce and the deed made by the wife, for alleged fraud and duress by false charges of adultery, ia sustained where it appears that she had the property settlement under consideration for some time, knew the character of the property and contents and effect of the deed, which she finally acknowledged, after first protesting she did not do so “freely and voluntarily” and where she acquiesced in the settlement for some two years after being advised as to her rights by an attorney, and there was evidence warranting the husband’s belief in the charges which he made, and for which he divor