(Download) "Roth v. Roth" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: Roth v. Roth
- Author : Supreme Court of Illinois
- Release Date : January 24, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This is an appeal from a judgment of the Appellate Court for the First District, which reversed but did not remand a judgment
of the circuit court of Cook County. (Roth v. Roth, 101 Ill. App.2d 286.) The circuit court had denied the appellee Eleanor
B. Roth's motion to strike and dismiss a counterpetition which the appellant G. Wallace Roth had filed. Also under the counterpetition
the circuit court had modified in part its earlier decree, which provided for a property settlement agreed upon by the parties
at the time of their divorce on July 25, 1963. We granted the appellant's petition for leave to appeal from the appellate
court's judgment. The appellee in November, 1964, filed a petition in the circuit court complaining that the appellant had wilfully refused
to make payments of $100 per month to her under the terms of a note for $3,000, as the decree of divorce had directed. The
appellant responded by filing an answer, and a counterpetition which sought to modify the decree insofar as it provided for
the monthly payments under the note and for the assignment to the appellee of approximately $25,000 from an inheritance which
the appellant was to receive from an uncle's estate. The modification of the decree was sought because the appellee allegedly
had made "fraudulent and deceitful representations" to obtain the property settlement. These representations, expressed during
conferences which preceded the entering of the decree, included statements by the appellee that she had no plans to remarry,
which were made at a time when the appellee allegedly had already planned to be remarried immediately upon obtaining a divorce.
An amendment to the counterpetition further alleged that because of these representations, and in reliance upon their veracity,
the trial court led the appellant to include in the property settlement the provisions in favor of the appellee regarding
the note and the property he would take from his uncle's estate. The counterpetition also set forth that the appellee was
remarried on August 26, 1963, 31 days after the entry of the decree.
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