Cheever v. Kelly

The opinion of the court was delivered by

Burch, J.:

The action was one for overdue and unpaid installments of alimony awarded the plaintiff by a decree of divorce. A second cause of action was j oined for expenditures *270for the support of a minor child of the parties. The plaintiff recovered, and the defendant appeals. . -

The defense to the alimony feature of the case was that the decree of divorce and alimony was procured by the plaintiff’s fraud upon the court, in which the defendant acquiesced because of certain false representations made to him by the plaintiff respecting the state of her…