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Sumner v Sumner

Northern Ireland Law Reports (Digests) Irish Jurist Reports (Digests) Irish Law Times Reports (Digests) Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1936
Date01 January 1936
CourtCourt of Appeal (Northern Ireland)
[C. A., N.I.]
Sumner
and
Sumner

Action by former wife against former husband whom she had divorced - Agreement for settlement -Collusion - Particeps criminis.

In an action for the recovery of the costs of the preparation of a deed of settlement made pursuant to an agreement between the defendant and the plaintiff. The defendant pleaded inter aliathat the agreement was entered into in pursuance of a collusive bargain made between the plaintiff and the defendant, whereby the defendant agreed to assist the plaintiff in obtaining a divorce by supplying evidence of misconduct to the plaintiff on which proceedings might be maintained, and that he, the defendant, did supply such evidence and assisted the plaintiff to obtain a divorce. The defendant applied by motion for discovery of all documents touching the matters at issue. The Lord Chief Justice refused the motion on the ground that he would not allow the Court to assist the defendant in establishing his own fraud. The defendant appealed to the Court...

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