Legal Opinion

McKenna v. McKenna

Appellate Court of Illinois

Decided June 14, 1897PublishedCited by 9 opinions

Bill, to set aside a former decree. Appeal from the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding.

1Opinion of the CourtJustice Waterman

An order to pay temporary alimony or solicitor’s fees must be based upon a finding that the party so commanded to pay is the husband of the complainant. If such condition be admitted or not denied, it may, for the purpose of the order, be assumed.

In the view of the writer of this opinion, when the existence of. the .alleged' marriage is denied, no such order can properly be made until a hearing has been had and the court upon it finds and adjudges that the relation of wife and husband exists.

If, before hearing and without regard to the denials of the defendant, an order to pay temporary…

2Cited by9 opinions

  1. Hite v. HiteCalifornia Supreme Court · 1899
  2. Bancroft v. BancroftCalifornia Court of Appeal · 1935
  3. State ex rel. Lloyd v. Superior CourtWashington Supreme Court · 1909
  4. Baker v. CarterSupreme Court of Oklahoma · 1937
  5. Fountain v. FountainSupreme Court of Arkansas · 1906

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