Armstrong v. Armstrong
Illinois Supreme Court
Appeal from the Circuit Court of Eoclc Island county; the Hon. Ira O. Wilkinson, Judge, presiding. This was a suit in chancery instituted on the 12th day of November, 1861, in the Circuit Court of Leo county, by Mary Armstrong against her husband, Jacob Armstrong, for a divorce.
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Appeal from the Circuit Court of Eoclc Island county; the Hon. Ira O. Wilkinson, Judge, presiding. This was a suit in chancery instituted on the 12th day of November, 1861, in the Circuit Court of Leo county, by Mary Armstrong against her husband, Jacob Armstrong, for a divorce. It is charged in the bill, that for two years prior to the commencement of the suit, the defendant had been habitually drunk; and for several years had treated the complainant with unkindness and cruelty, and had committed adultery. That there were three children, issue of their marriage, Sarah E., aged seventeen…
1Opinion of the CourtJustice Breese
The only question in this case is, has the Circuit Court, in decreeing a divorce, the power to assign as alimony to the wife a part of the real estate of the husband ?
The question has been decided by this court in Stewartson v. Stewartson, 15 Ill. 145; Wheeler v. Wheeler, 18 Id. 39; Bergen v. Bergen, 22 Id. 189, and in Jolliff v. Jolliff, 32 Id. 527, in which the authorities were reviewed and the doctrine recognized.
On more mature reflection we see no reason to change the opinion therein expressed. She must have a home.
The decree, besides setting apart to the wife a house and lot of small…
2Cases cited1 opinion
- Stewartson v. StewartsonIllinois Supreme Court · 1853
3Cited by6 opinions
- Anderson v. AndersonIllinois Supreme Court · 1942
- Mahoney v. MahoneySupreme Court of Minnesota · 1894
- McGaughy v. McGaughyIllinois Supreme Court · 1951
- Champion v. MyersIllinois Supreme Court · 1904
- Leafgreen v. LeafgreenAppellate Court of Illinois · 1906
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