White v. Winter
White v. Winter
Opinion of the Court
delivered the opinion of the Court:
The view we have taken of the case renders it unnecessary to consider the various exceptions taken during the course of the trial.
Marriage is not only the most important relation in life, but has more to do with the morals and civilization of the people than any other institution. It is a relation which, once entered into, may not he changed without the express sanction of the law. “Other contracts may be modified, restricted, or enlarged, or entirely released upon the consent of the parties. Not so with marriage. The relation once formed, the law- steps in and holds the parties to various obligations and liabilities. It is an institution, in the maintenance of wdiich in its purity the
Appellee testified that he signed this agreement to prevent the filing of the said bill, and the agreement provides that “so long as said sums are promptly paid, .no action shall be taken in the premises by the said Erminie L. Winter or her counsel against the said Mahlon A. Winter, looking either to disturbing said decree or seeking any additional sums.” It is beyond controversy, therefore, that the agreement we are asked to recognize and enforce contemplated and required the suppression of evidence of collusion and fraud practised in a court of justice. To; sustain and give effect to such an agreement it would
The judgment must be affirmed with costs. Affirmed.
Reference
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- Husband and Wife; Ijxeoat, Conteacts. A contract between a divorced wife, made in her behalf by her attorneys, and her former husband, who procured the divorce, which was granted on the ground of adultery, whereby it was agreed that so long as he made specified monthly payments of money to them for her no action would be taken by her or for her, looking to disturbing the decree, is illegal and void, and an action for damages for its breach is not maintainable by the surviving attorney, as trustee again si the husband, where the contract is shown to have been the result of the attorneys agreeing not to file a bill for the wife which they had prepared, to vacate the divorce decree, and in which it was alleged that the decree had been procured upon false testimony and through collusion and fraud on the part of the husband, his housekeeper, whom he wished to marry, and the alleged correspondent; that the wife was insane at the time and had been so for many years, and had been induced by the husband to make no defense to the suit. (Citing Gronan V. Granan, ante, 343.)