Clinton v. Kidwell
Illinois Supreme Court
Appeal from the Circuit Court of Edgar county; the Hon. Olives L. Davis, Judge, presiding. This was an action, brought by Lucy C. Kidwell, against Hugh Clinton. The trial in the circuit court was, by consent, had without the intervention of a jury.
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Appeal from the Circuit Court of Edgar county; the Hon. Olives L. Davis, Judge, presiding. This was an action, brought by Lucy C. Kidwell, against Hugh Clinton. The trial in the circuit court was, by consent, had without the intervention of a jury. On the trial, no testimony was given, but the issue was determined upon an agreed statement of facts submitted to the court by the parties, as follows: “The plaintiff herein was, and is now, a married woman, residing with her husband, and not deserted by him, on her own premises, and that the property on her said premises was her own sole and…
1Opinion of the CourtJustice Dickey
The finding of the .court was not sustained by the written statement of facts. This action is penal. The finding is for double the value of the property. In such cases, the proofs, to sustain the action, must be clear and satisfactory. It is not necessary to the decision of this case to hold that a married woman, living with her husband, can not, under any circumstances, be regarded as the head of the family. The only facts relied upon to sustain the proposition that the appellee in this case was, at the time in question, the head of a family, are, that the residence of the family was “on her…
2Cited by3 opinions
- Devine v. DevineIllinois Supreme Court · 1899
- Barkley v. Chicago, Milwaukee & St. Paul Railway Co.Appellate Court of Illinois · 1890
- Muir v. HowellNew Jersey Court of Chancery · 1883