Foote v. Foote
Illinois Supreme Court
Bill in chancery, filed by appellant against appellee, for divorce. The bill was taken as confessed by defendant. A decree was entered dissolving the bonds of matrimony theretofore subsisting between the complainant, Anna B. Foote, and the defendant, William E. Foote; and that the custody of the infant children of said parties be given to the appellant, Anna B. Foote.
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Bill in chancery, filed by appellant against appellee, for divorce. The bill was taken as confessed by defendant. A decree was entered dissolving the bonds of matrimony theretofore subsisting between the complainant, Anna B. Foote, and the defendant, William E. Foote; and that the custody of the infant children of said parties be given to the appellant, Anna B. Foote. It was further decreed, that said William E. Foote pay as alimony to the said Anna B. Foote, for the support of herself and her two children, the sum of $500 per annum, in equal quarterly installments. The complainant excepted…
1Opinion of the CourtBbeese, J.
It is true, as claimed by defendant’s counsel, the court, in determining the question of alimony, will take into consideration the circumstances of the parties and their social position—the amount of property and resources of the husband, and his ability to pay the sum the court may award against him; in other words, alimony will be granted in proportion to the wants of the person requiring it, and the circumstances of the party who is to pay it. The allowance is said to be discretionary with the court. It is so, but it is a judicial, not an arbitrary discretion which is to be exercised, and…
2Cases cited2 opinions
- Lawrence v. LawrenceNew York Court of Chancery · 1831
- Kirby v. KirbyNew York Court of Chancery · 1828
3Cited by19 opinions
- Cole v. ColeIllinois Supreme Court · 1892
- Campbell v. CampbellWisconsin Supreme Court · 1875
- Ruge v. RugeWashington Supreme Court · 1917
- Welty v. WeltyIllinois Supreme Court · 1902
- Going v. GoingTennessee Supreme Court · 1923
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