Unser v. Unser

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that agreement reached at arm’s length in regard to final divorce decree was res judicata to later attempt to modify
• noting “a long recognized rule” that marriage settlement agreements “are highly favored in the law”
• defining fraud as “a misrepresentation of a fact, known to be untrue by the maker, and made with an intent to deceive and to induce the other party to act upon it with the other party relying upon it to his injury or detriment”
• general rule is that where divorce decree is silent on any award of alimony, later award of alimony is precluded
• fraud under Rule 60(B) requires “a misrepresentation of a fact, known to be untrue by the maker, and made with an intent to deceive and to induce the other party to act upon it with the other party relying upon it to his injury or detriment”
• elements of common law fraud

Source: CourtListener parenthetical corpus (CC0).