Walker v. Houghteling
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern ■Division of the Northern District of Illinois. The suit in the Circuit Court was by defendant in error against plaintiffs in error to recover for the use and occupation of a certain dwelling house in the City of Chicago, from the first of March 1896, to the thirtieth of April 1898. The count was framed upon section 15, c. 68, of the Illinois Revised Statutes relating to liability for family expenses.
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In Error to the Circuit Court of the United States for the Northern ■Division of the Northern District of Illinois. The suit in the Circuit Court was by defendant in error against plaintiffs in error to recover for the use and occupation of a certain dwelling house in the City of Chicago, from the first of March 1896, to the thirtieth of April 1898. The count was framed upon section 15, c. 68, of the Illinois Revised Statutes relating to liability for family expenses. The defense was the general issue, and a jury having been waived, the case was tried to the court, resulting in a finding and…
1Opinion of the Court
*621After the foregoing statement of the case, GROSSO UP, Circuit Judge, delivered the opinion of the court, as follows:
Section 15, c. 68, Rev. St. Ill., is as follows:
“The expenses of the family and of the education of the children shall be chargeable upon the property of both husband and wife, or of either of them, in favor of creditors therefor, and in relation thereto they may be sued jointly or separately.”
The section was adopted from a similar statute of the State of Iowa (section 2214, McClain’s Code, 1882), and has been interpreted by the Supreme Court of Illinois — following, in that…
2Cases cited3 opinions
- Illingworth v. BurleyAppellate Court of Illinois · 1889
- Barnett v. MarksAppellate Court of Illinois · 1897
- Myers v. FieldIllinois Supreme Court · 1893
3Cited by1 opinion
- Lewis v. FranceSupreme Court of Minnesota · 1917