Shaw v. Shaw
Illinois Supreme Court
Writ of Error to the Circuit Court of Jo Daviess county; the Hon. William Brown, Judge, presiding. This was a bill for divorce, brought by the appellee, against the appellant, alleging extreme and repeated cruelty, and habitual drunkenness, for a period of over two years.
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Writ of Error to the Circuit Court of Jo Daviess county; the Hon. William Brown, Judge, presiding. This was a bill for divorce, brought by the appellee, against the appellant, alleging extreme and repeated cruelty, and habitual drunkenness, for a period of over two years. The defendant, by his counsel, filed his answer to the bill, denying the material charges, and charging her with improper conduct and neglect of duty, and alleging condonement of all grounds of complaint up to a day stated. In the absence of the defendant and his counsel, the court heard the following testimony, to-wit:…
1Opinion of the CourtJustice Scott
It was error to strike the answer of defendant from the files, and render a decree against him as on default. It had been filed by counsel, and presumably with the consent of defendant. It was not withdrawn by defendant, nor by his counsel, in open court, nor by any written communication addressed to the court. The only written authority from defendant was a letter or note directed to his counsel, but which was never-delivered. Had it been delivered to his counsel, as it was expected would have been done, on further consultation it might have been deemed best to allow the answer to stand. Be…
2Cases cited1 opinion
- Keating v. KeatingIllinois Supreme Court · 1868
3Cited by3 opinions
- Martin v. MartinAppellate Court of Illinois · 1915
- Shekerjian v. ShekerjianIllinois Supreme Court · 1931
- Wooley v. WooleyAppellate Court of Illinois · 1887