Heymann v. Heymann
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. This is a bill for separate maintenance, filed by appellee against appellant, who appeared and answered. A replication was filed to the answer, and upon a hearing of the cause the court entered a decree in favor of appellee, the complainant in the court below.
Read the full summary
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. This is a bill for separate maintenance, filed by appellee against appellant, who appeared and answered. A replication was filed to the answer, and upon a hearing of the cause the court entered a decree in favor of appellee, the complainant in the court below. Appellant took an appeal from the decree, entered by the superior court of Cook county, to the Appellate Court for the First District. The Appellate Court has…
1Opinion of the CourtJustice Magruder
In deciding this case the Appellate Court expressed the following views:
“Appellee contends in her bill and by her own testimony, supported by the testimony of several witnesses and a sworn schedule made by appellant, that there was a marriage contract between appellant and herself per verba de presentí, followed by cohabitation and living together as husband and wife for a period of six years. Appellant on the other hand denies any such contract. He denies any intimate relations with appellee, and claims that his presence in the same house or apartment with her was as a roomer or boarder.
“The…
2Cases cited2 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Port v. PortIllinois Supreme Court · 1873
3Cited by5 opinions
- Seuss v. SchukatIllinois Supreme Court · 1934
- Davidson v. ReamNew York Supreme Court · 1916
- Young v. YoungAppellate Court of Illinois · 1918
- Herald v. MokerIllinois Supreme Court · 1912
- In re Estate of James, Superior Court of California, County of San Francisco1897