Grimes v. Grimes
Illinois Supreme Court
Appeal from the Circuit Court of Crawford county. To the September term, 1887, of the circuit court of Crawford county appellant filed her bill in chancery, against appellees, to vacate a decree for divorce and alimony theretofore rendered by said court in her favor, against Charles R. A. Grimes, then her husband, and his mother, Elizabeth A. Grimes, and for the partition of certain lands of which she alleges her said husband died seized.
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Appeal from the Circuit Court of Crawford county. To the September term, 1887, of the circuit court of Crawford county appellant filed her bill in chancery, against appellees, to vacate a decree for divorce and alimony theretofore rendered by said court in her favor, against Charles R. A. Grimes, then her husband, and his mother, Elizabeth A. Grimes, and for the partition of certain lands of which she alleges her said husband died seized. The bill, as amended, stated, in substance, that on March 1, 1887, the complainant was married to said Charles R. A. Grimes, and lived with him as his wife…
1Opinion of the CourtJustice Wilkin
The principal question raised upon this record is, did the circuit court err in dismissing the appellant’s bill. Under the chancery practice in this State, a motion to dismiss a bill may be properly made by the defendant whenever he denies the right of the complainant to file it, as, where a bill of review has been filed without first obtaining leave of the court; or the motion may be based upon the failure of complainant to comply with some order of the court made after the bill has been filed, as, the failure to give bond for costs, etc. The motion may also be made upon the ground that…
2Cases cited3 opinions
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