Legal Opinion

Maher v. Title Guarantee & Trust Co.

Appellate Court of Illinois

Decided June 10, 1901PublishedCited by 11 opinions

Bill of Review. — Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Heard in this court at the October term, 1900. Statement "by the Court. — Appellant filed her bill in the nature of a bill of review in the Superior Court of Cook County, January 23, 1896, against Mark H. Maher, and subsequently on March 30, 1896, filed an amended bill, both seeking to set aside as fraudulent and void a certain decree of divorce theretofore…

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Bill of Review. — Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Heard in this court at the October term, 1900. Statement "by the Court. — Appellant filed her bill in the nature of a bill of review in the Superior Court of Cook County, January 23, 1896, against Mark H. Maher, and subsequently on March 30, 1896, filed an amended bill, both seeking to set aside as fraudulent and void a certain decree of divorce theretofore rendered by said court on the 27th day of February, 1395, in the suit of Mark H. Maher against appellant. After filing the…

1Opinion of the Court

Mr. Justice "Winder

delivered the opinion of the court.

Counsel for appellees raise a preliminary question, viz.-, that a freehold is involved, and therefore that this court is without jurisdiction.

It is said that the necessary effect of the decree • in this case is that a freehold will be lost to the appellee Elizabeth B. Maher, if the decree of divorce of February 27, 1895, should be set aside, and appellant would gain one, and therefore that this court is without jurisdiction. If the facts in the record justify the claim, then the law is with appellees on this point. R. R. Co. v. Watson, 105…

2Cases cited25 opinions

  1. Windsor v. McVeighSupreme Court of the United States · 1876
  2. Van Matre v. SankeyIllinois Supreme Court · 1893
  3. Nicholson v. NicholsonIndiana Supreme Court · 1888
  4. Sanford v. KaneIllinois Supreme Court · 1889
  5. Laurence v. LaurenceIllinois Supreme Court · 1896

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3Cited by11 opinions

  1. Hall v. HallMontana Supreme Court · 1924
  2. Fairclough v. St. AmandSupreme Court of Alabama · 1927
  3. Taylor v. TaylorSupreme Court of Virginia · 1932
  4. Guggenheim v. GuggenheimAppellate Court of Illinois · 1914
  5. Sammons v. PikeSupreme Court of Minnesota · 1909

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