Gerber v. Gerber
Illinois Supreme Court
Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. W. G. Ewing, Judge, presiding.
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Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. W. G. Ewing, Judge, presiding. This is a bill for divorce, filed by appellee, against appellant, July 28, 1893. The bill recites that the parties were married at Chicago, September 15, 1891; that she was the widow of Sigmund Oppenheimer, deceased, before such marriage; that on November 1,1891, defendant struck complainant, and twice during such month attacked her; that on February 22,1892, defendant slapped her, and on April 30 and May 1, 1892, defendant…
1Opinion of the CourtJustice Phillips
Where the evidence is conflicting, as here, and the chancellor who heard the case had an opportunity of seeing the witnesses, this court will place much reliance on that fact, and will only in a clear case disturb the finding of the trial court. Rackley v. Rackley, 151 Ill. 332; Coari v. Olsen, 91 id. 273; Johnson v. Johnson, 125 id. 510.
The point most strongly urged is, that as the bill shows a former bill, alleging cruelty, etc., was filed and dismissed by appellee, it is a bar to another suit for the same offense. Where a bill is filed alleging specific facts and praying relief, and an…
2Cases cited2 opinions
- Mey v. GullimanIllinois Supreme Court · 1882
- Rackley v. RackleyIllinois Supreme Court · 1894
3Cited by4 opinions
- People ex rel. Healy v. CaseIllinois Supreme Court · 1909
- Williams v. WilliamsIllinois Supreme Court · 1914
- Hudson v. HudsonIllinois Supreme Court · 1906
- Evans v. WoodsworthAppellate Court of Illinois · 1904