Opinion
Gen. No. 40,742. (Abstract of Decision.)
Opinion filed June 26, 1940
DIVORCE, § 201 — alimony, modification for fraud. In proceeding to modify portion of divorce decree which incorporated contract between parties as to alimony payments, complaint failed to make out prima facie case of fraud, as pleading did not show that effect of letter written by attorney for wife was to trick husband into signing agreement by leading him to believe that alimony payments would cease after period of two years, and another portion of complaint showed that husband paid alimony in accordance with decree for more than four years after its entry.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. PHILIP J. FINNEGAN, presiding.
Decretal order dismissing complaint for want of equity affirmed. Heard in second division, first district, this court at June term, 1939.
Walter Hamilton, for appellant;
Albert Peterson, for appellee;
Maurice M. Briggs, of counsel.
"Not to be published in full." Opinion filed June 26, 1940.