Welty v. Welty
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. A. H. Chetlain, 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. A. H. Chetlain, Judge, presiding. In a proceeding for divorce, brought by the appellee against the appellant, a decree of divorce was granted her on the bill taken as confessed on June 9, 1899, the charges in the bill against the appellant being habitual drunkenness and extreme and repeated cruelty; and in the same decree appellee was awarded alimony. The portion of the decree, awarding alimony, was as follows, to-wit: “That complainant, Catherine Welty, shall…
1Opinion of the CourtJustice Magruder
First—Appellant complains, that the decree of June 9, 1899, was not a decree for alimony, but was a decree for a specific sum in lieu of alimony, his idea being that the court, by the use of the words “in lieu of,” eliminated from the decree any requirement to pay money for alimony as such, and made it an ordinary decree for the payment of money. This contention is without force. The whole decree, when all of its parts are read together, is a decree for the payment of so much money for alimony, and shows upon its face that such sum of money was to be paid for the support of the appellee and…
2Cases cited6 opinions
- Cole v. ColeIllinois Supreme Court · 1892
- Wightman v. WightmanIllinois Supreme Court · 1867
- Barclay v. BarclayIllinois Supreme Court · 1900
- Lennahan v. O'KeefeIllinois Supreme Court · 1883
- Foote v. FooteIllinois Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Herrick v. HerrickIllinois Supreme Court · 1925
- Walters v. WaltersAppellate Court of Illinois · 1950
- In Re FisherIllinois Supreme Court · 1958
- Banck v. BanckAppellate Court of Illinois · 1944
- Going v. GoingTennessee Supreme Court · 1923
19 more not listed; retrieve them via the Exa API.