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Docket Number

Docket No. 23, Calendar No. 46,977.

Attorney(S)

Joseph B. Legatz, for plaintiff. Harold DeHaan, in propria persona.

Judges

DETHMERS, C.J.

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Smart Summary

DeHaan v. DeHaan, Docket No. 23 (Supreme Court of Michigan, Decided April 22, 1957)

Factual and Procedural Background

Greta DeHaan (plaintiff) filed a bill for divorce against Harold DeHaan (defendant). At a hearing on February 7, 1955, plaintiff testified that she had not cohabited with defendant since their separation on April 18, 1954. An interlocutory decree of divorce was entered on the date of that hearing. On June 9, 1955, plaintiff obtained a modification of the decree eliminating the prohibition on remarriage within six months.

On July 29, 1955, defendant filed a petition to set aside the decree of divorce and the order modifying it, alleging that plaintiff had obtained the decree by perpetrating a fraud on the court. Defendant's petition asserted that, at the time of the divorce hearing and decree, plaintiff was pregnant by a man other than defendant and concealed that pregnancy from the court. At the hearing on his petition, defendant introduced a certified copy of a birth record showing that plaintiff gave birth on July 19, 1955, identifying George Ellis Taylor as the father, and a certified copy of plaintiff's marriage to George Ellis Taylor on June 25, 1955.

The circuit court vacated and set aside its earlier decree of divorce. Plaintiff appealed. The Supreme Court of Michigan affirmed the circuit court's order.

Legal Issues Presented

Whether the divorce decree and its subsequent modification could be vacated and set aside on the ground that the plaintiff had perpetrated a fraud on the court by concealing, at the time of the divorce hearing and entry of decree, that she was pregnant by a man other than her husband.
Whether the defendant's proof (including certified birth and marriage records) constituted affirmative proof of such fraud as opposed to a mere presumption.

Arguments of the Parties

Plaintiff's Arguments

Plaintiff contended on appeal that a fraud on the court was not affirmatively proved and that the court's finding of fraud rested on presumption rather than affirmative proof.

Defendant's Arguments

Defendant argued (and introduced evidence at the hearing) that plaintiff was pregnant by a man other than defendant at the time of the divorce hearing, that she concealed that fact from the court, and that this concealment constituted a fraud warranting vacation of the decree. Defendant submitted certified copies of the child's birth record (showing father George Ellis Taylor and birth date July 19, 1955) and of plaintiff's marriage to George Ellis Taylor on June 25, 1955.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Allen v. Allen, 341 Mich. 543	Cited in support of the proposition that fraud warrants setting aside a divorce decree.	The court cited Allen v. Allen as authority consistent with its conclusion that the demonstrated fraud justified vacating the decree.
Linn v. Linn, 341 Mich. 668	Cited in support of the proposition that fraud warrants setting aside a divorce decree.	The court cited Linn v. Linn as authority consistent with its conclusion that the demonstrated fraud justified vacating the decree.

Court's Reasoning and Analysis

The court addressed plaintiff's contention that fraud had not been affirmatively proven and that any finding of fraud rested on presumption. The court concluded that the proofs presented at the hearing affirmatively established that, at the time of the divorce hearing and entry of the decree, plaintiff was pregnant by a man other than her husband and that she concealed that fact from the court.

Specifically, the court relied on the evidence introduced by defendant: a certified birth record showing plaintiff gave birth on July 19, 1955, naming George Ellis Taylor as the father, and a certified marriage record showing plaintiff married Taylor on June 25, 1955. From these proofs the court determined that the pregnancy existed at the time of the divorce hearing (February 7, 1955) and that plaintiff's testimony denying cohabitation did not disclose the pregnancy or its paternity.

The court stated it could not say that, if it were in the position of the trial court, it would have reached a different factual conclusion. On that basis, and relying on cited precedents, the court held the circuit court properly found fraud and thereby had authority to vacate and set aside the decree of divorce.

Holding and Implications

Affirmed.

Direct effect: The Supreme Court of Michigan affirmed the circuit court's order vacating and setting aside the earlier decree of divorce and its modification. The court ordered the affirmation without costs.

Broader implications: The opinion does not discuss broader legal consequences beyond the parties or announce a new rule of statewide precedential significance; it applies the court's view of existing authority (as reflected in the cited cases) to conclude that affirmative proof of fraud supported vacation of the decree.

Counsel of record: Joseph B. Legatz for plaintiff; Harold DeHaan appeared in propria persona. Decision by Chief Justice Dethmers; concurrence by Justices Sharpe, Smith, Edwards, Voelker, Kelly, Carr, and Black.

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DeHAAN v. DeHAAN.

DETHMERS, C.J.

Plaintiff appeals from an order of the circuit court vacating and setting aside its earlier decree of divorce.

At the hearing on divorce, on February 7, 1955, plaintiff testified that she had not cohabited with defendant husband since their separation on April 18, 1954. She was granted an interlocutory decree of divorce on the date of that hearing. On June 9, 1955, she filed a petition for and obtained a modification of the decree, eliminating its prohibition of remarriage within 6 months.

On July 29, 1955, defendant filed a petition to set aside the decree of divorce and the order modifying it on the ground that plaintiff had procured the decree through perpetration of a fraud on the court in that, at the time of hearing on divorce and entry of decree, she was, and concealed from the court the fact that she was, pregnant by a man other than defendant. At the hearing on his petition defendant introduced into evidence a certified copy of a record of birth disclosing that on July 19, 1955, plaintiff had given birth to a child, of which one George Ellis Taylor was the father, and a certified copy of the record of marriage of plaintiff and said Taylor on June 25, 1955.

Plaintiff contends on appeal that a fraud on the court was not affirmatively proved and that the court's finding thereof rested on presumption. We hold otherwise. The proofs affirmatively show that at the time of hearing on divorce and entry of decree plaintiff was pregnant by a man other than her husband. This she concealed from the court. We cannot say that, had we been in the position of the trial court, we would have made a finding of facts in that respect other than the court did. On that basis the court properly found fraud warranting the entry of an order vacating and setting aside the decree of divorce. Allen v. Allen, 341 Mich. 543; Linn v. Linn, 341 Mich. 668.

Affirmed, without costs.

SHARPE, SMITH, EDWARDS, VOELKER, KELLY, CARR, and BLACK, JJ., concurred.

DeHAAN v. DeHAAN