Legal Opinion

Hawes v. Hawes

Illinois Supreme Court

Decided January 15, 1864PublishedCited by 12 opinions

Writ of Error to the Circuit Court of Vermillion county; the Hon. O. L. Davis, Judge, presiding. • In August, 1861, Abraham M. 0. Hawes exhibited his bill in chancery in the court below, against Wilmerth Hawes, his wife, for a divorce. The ground upon which relief was sought, was the alleged adultery of the defendant.

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Writ of Error to the Circuit Court of Vermillion county; the Hon. O. L. Davis, Judge, presiding. • In August, 1861, Abraham M. 0. Hawes exhibited his bill in chancery in the court below, against Wilmerth Hawes, his wife, for a divorce. The ground upon which relief was sought, was the alleged adultery of the defendant. The bill was entitled at the commencement, as follows: [[Image here]] After setting out the marriage of the parties, it was alleged in the bill, “That on the day of , 1860, at the county aforesaid, and at sundry times since, the said Wilmerth did com-" mit adultery with one…

1Opinion of the CourtJustice Bbeese

The errors assigned on this record are that the bill is too vague and indefinite; that the writ appears to have been served before the date of its issue, and that the court passed the decree without hearing proof, and because the evidence, if any was taken, is not preserved in the record.

The bill was in chancery for a divorce, and alleges the adultery to have been committed in 1860, in the county of Vermillion, and at sundry times since, with one Augustus Leseure. So far as the venue is concerned, that is sufficiently definite. In an indictment for murder it would be only necessary to allege…

2Cases cited1 opinion

  1. Shillinger v. ShillingerIllinois Supreme Court · 1852

3Cited by12 opinions

  1. Bowman v. BowmanIllinois Supreme Court · 1872
  2. Maduro v. MaduroCalifornia Court of Appeal · 1944
  3. Cohn v. CohnAppellate Court of Illinois · 1945
  4. Tennent-Stribbling Shoe Co. v. Hargardine-McKittrick Dry Goods Co.Appellate Court of Illinois · 1895
  5. Bonnell v. LewisAppellate Court of Illinois · 1878

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