Evans v. Woodsworth

For appellant the claim is made that the decree of the Superior Court under the bill filed for divorce in that court is res judicata, and for that reason the decree of the Circuit Court sought to be set aside by the bill in this case, is a nullity. There are two reasons why, in our opinion, this position is not tenable. First, res judicata, in order to be availed of, should have been set up as a defense to the bill in the Circuit Court and there established. Gerber v. Gerber, 155 Ill. 219. In fact, £his claim is entirely inconsistent with the theory of complainant until after the case had…