Legal Opinion

Hamilton v. Hamilton

Illinois Supreme Court

Decided June 15, 1878PublishedCited by 38 opinions

Writ of Error to the Circuit Court of Franklin county; the Hon. Monroe C. Crawford, Judge, presiding. Plaintiff was the wife of defendant, and had instituted in the circuit court a suit against him for a divorce, (upon a charge of adultery) and for alimony.

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Writ of Error to the Circuit Court of Franklin county; the Hon. Monroe C. Crawford, Judge, presiding. Plaintiff was the wife of defendant, and had instituted in the circuit court a suit against him for a divorce, (upon a charge of adultery) and for alimony. Pending this suit, on the 15th of August, 1876, they agreed, in writing, signed by both, (among other things,) that defendant, (the then husband) would give to plaintiff, (the then wife) a certain farm, (described) ; and that he would pay her, further, the sum of $500, (in a mode specified,) the farm to be conveyed by them both to John W.…

1Opinion of the Court

Per Curiam :

The question chiefly discussed in this case

is that of the capacity of plaintiff, at the time of the contract, to contract with her husband.

This statute of March 30, 1874, (R. S. 576,) goes much further in abolishing disabilities arising from coverture, than any former statute. By it a wife may sue and be sued as if unmarried ; an attachment or judgment may be enforced against her as if she were unmarried; she may defend in her own rig-lit when sued with her husband; “ contracts may be made and liabilities incurred by a wife * * * as if she were unmarried,” except contracts of…

2Cited by38 opinions

  1. Newman v. FreitasCalifornia Supreme Court · 1900
  2. Crum v. SawyerIllinois Supreme Court · 1890
  3. Wallace v. WallaceSupreme Court of New Hampshire · 1907
  4. Maisch v. MaischSupreme Court of Connecticut · 1913
  5. Phillips v. ThorpOregon Supreme Court · 1883

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