Michigan Supreme Court, 1894

Daly v. Circuit Judge

Daly v. Circuit Judge
Michigan Supreme Court · Decided November 7, 1894
1 McGrath 724; 102 McGrath 392

Daly v. Circuit Judge

Opinion of the Court

To set aside a decree of divorce.

Denied Nov. 7, 1894, with costs.

Relator filed a bill for divorce. Defendant filed an answer in the nature of a cross-bill, to which complainant answered. Defendant was granted a decree March 21, 1894. The cross-bill was verified, but the verification did not contain the averment negativing collusion. June 29, 1894, relator filed a petition asking that the decree be set aside, because (1) no replication to complainant's answer to the cross bill had been filed; (2) defendant's cross-bill was not properly verified; (3) the testimony was taken within four months after the filing of the cross-bill, and (4) the decree was entered within the same time.

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