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DALY vs. CIRCUIT JUDGE (Wayne)

Michigan Supreme Court1894-11-07No. No. 14448
1 McGrath 724102 M., 392

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

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 complainants answer to the cross bill had been filed; (2) defendants 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.