Farrell v. Farrell
Appellate Court of Illinois
Separate maintenance. Appeal from the Circuit Court of Peoria county; the Hon. T. N. Geeen, Judge, presiding.
1Opinion of the CourtJustice Dibell
By the course pursued the court below tried one of the defenses set up by appellant in his answer, and decided that issue against him, and entered a decree that the ante-nuptial contract is void, and then sent the cause to the master to try other issues. A case should not be tried by piecemeal, and all the issues should be tried at the same time, unless special reasons exist for a contrary course; and none appear here sufficient, in onr opinion, to justify that course. The evidence before the master on the reference as to the validity of this contract was not confined to that topic but…
2Cases cited11 opinions
- Harding v. HardingIllinois Supreme Court · 1892
- Fitch v. MillerIllinois Supreme Court · 1902
- Jenkins v. JenkinsIllinois Supreme Court · 1878
- Hall v. FullertonIllinois Supreme Court · 1873
- Cowan v. KaneIllinois Supreme Court · 1904
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3Cited by2 opinions
- Volid v. VolidAppellate Court of Illinois · 1972
- Cooper v. CooperAppellate Court of Illinois · 1911