COLLUSION - Black's Law Dictionary

What is COLLUSION? Definition of COLLUSION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

Is an agreement between two or more persons to defraud a person of his rights by the forms of law, or to obtain an object forbidden by law. It implies the existence of fraud of some kind, the employment of fraudulent means, or of lawful means for the accomplishment of an unlawful purpose. May Hosiery Mills v. United States District Court in and for Dist. of Montana, C.C.A. Mont., 64 F.2d 450, 454.

A secret combination, conspiracy, or concert of action between two or more persons for fraudulent or deceitful purpose. W. E. Bowen Improvement Co. v. Van Half ten, 209 Mo.App. 629, 238 S.W. 147, 149; Daly v. Haight, 156
N.Y.S. 538, 541, 170 App.Div. 469.

A secret arrangement between two or more persons, whose interests are apparently conflicting, to make use of the forms and proceedings of law in order to defraud a third person, or to obtain that which justice would not give them, by deceiving a court or its officers. Railroad Co. v. Gay, 86 Tex. 571, 26 S. W. 599, 25 L.R.A. 52 ; Balch v. Beach, 119 Wis. 77, 95 N.W. 132. A secret agreement between two persons that one should institute a suit against the other, in order to obtain the decision of a judicial tribunal for some sinister purpose. In re Insull Utility Investments, D.C.I11., 6 F.Supp. 653, 655.

In divorce proceedings, collusion is an agreement between husband and wife that one of them shall commit, or appear to have committed, or be represented in court as having committed, acts constituting a cause of divorce, for the purpose of enabling the other to obtain a divorce. But it also means connivance or conspiracy in initiating or prosecuting the suit, as where there is a compact for mutual aid in carrying it through to a decree. Beard v. Beard, 65 Cal. 354, 4 P. 229; Pohlman v. Pohlman, 60 N.J.Eq. 28, 46 A. 658; McCauley v. McCauley, 88 N.J.Eq.
392, 103 A. 20, 23. Rosenzweig v. Rosenzweig, 246 N.Y.S. 231, 233, 231 App.Div. 13.

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