Thelin v. Thelin
Appellate Court of Illinois
Error to- the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. The defendant in error filed her bill against plaintiff in error, praying for a decree of divorce, on the ground of cruelty. Personal service of summons was had on the defendant below, a default was taken against him December 10, 1880, and a decree of divorce was rendered December 18th.
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Error to- the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. The defendant in error filed her bill against plaintiff in error, praying for a decree of divorce, on the ground of cruelty. Personal service of summons was had on the defendant below, a default was taken against him December 10, 1880, and a decree of divorce was rendered December 18th. On December 23d plaintiff in error entered his motion to set aside the decree and default, which was continued to the January term, 1881. The motion came up for hearing January 17th, when plaintiff in error, in support of…
1Opinion of the CourtWilson, J.
The affidavit submitted by the defendant on his motion to set aside the default and decree, presented a meritorious defense, and showed that his failure to appear and interpose his defense was not the result of negligence on his part, but was caused by artifice and bad faith on the part of the complainant. There had been a condonation of the offenses charged in the bill, and the parties had resumed conjugal relations prior to the decree, under a written stipulation signed by the complainant that the bill should be dismissed. In violation of this stipulation, and while the defendant was…
2Cases cited1 opinion
- Mendell v. KimballIllinois Supreme Court · 1877
3Cited by4 opinions
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- Minnesota Thresher Manufacturing Co. v. HolzNorth Dakota Supreme Court · 1900
- Chester v. ChesterCalifornia Court of Appeal · 1946
- Egidi v. EgidiSupreme Court of Rhode Island · 1915