Wheeler v. Wheeler
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding. This was a bill in chancery, filed by appellee, the wife, against appellant, January 24, 1885, for a divorce upon the grounds of extreme and repeated cruelty and adultery on the part of defendant, the husband. The bill was not supported by the oath of the complainant and expressly waived the oath of defendant to the answer.
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Appeal from the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding. This was a bill in chancery, filed by appellee, the wife, against appellant, January 24, 1885, for a divorce upon the grounds of extreme and repeated cruelty and adultery on the part of defendant, the husband. The bill was not supported by the oath of the complainant and expressly waived the oath of defendant to the answer. The defendant filed his answer January 31, 1885, specifically denying the several charges in the bill, to which replication was filed February 26, 1885. The court, upon application…
1Opinion of the CourtMcAllister, J.
By section 15 of the Divorce Act, it is provided: “ In all cases of divorce the court may require the husband to pay to the wife, or pay into court for her use during the pendency of the suit, such sum or sums of money as may enable her to maintain or defend the suit, and in every suit for a divorce the wife, when it is just and equitable, shall be entitled to alimony during the pendency of the suit.”
It is not a matter of right, under all circumstances, for the wife who has commenced a suit for a divorce to require the court to direct an allowance to be paid to her by the defendant, for the…
2Cases cited2 opinions
- Jenkins v. JenkinsIllinois Supreme Court · 1878
- Jones v. JonesNew York Court of Chancery · 1847
3Cited by5 opinions
- Rawson v. RawsonAppellate Court of Illinois · 1888
- Earle v. EarleAppellate Court of Illinois · 1895
- Harding v. HardingAppellate Court of Illinois · 1891
- Burgess v. BurgessAppellate Court of Illinois · 1888
- Davis v. DavisAppellate Court of Illinois · 1890