Ross v. Ross
Illinois Supreme Court
Appeal from the Circuit Court of Kane county; the Hon. Silvanus Wilcox, Judge, presiding. This was a bill in equity, exhibited by Susan Ross against Thomas Ross, her husband, for a separate maintenance, under the act of March 5, 1867. The essential facts of the case are presented in the opinion of the court.
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Appeal from the Circuit Court of Kane county; the Hon. Silvanus Wilcox, Judge, presiding. This was a bill in equity, exhibited by Susan Ross against Thomas Ross, her husband, for a separate maintenance, under the act of March 5, 1867. The essential facts of the case are presented in the opinion of the court. On a hearing of the cause the court below decreed that the complainant was entitled to a separate maintenance from the defendant; that the defendant, within thirty days, pay the complainant $130 for maintenance from Sept. 1, 1872, to March 1, 1873, and that he pay within the like time…
1Opinion of the CourtJustice McAllister
The husband, by the common law, is bound to provide his wife with necessaries suitable to her situation and his condition in life. As proceeding from this general duty, the common law courts have held that if the husband abandons his wife, or they separate by consent, without any provision for her maintenance, or if he sends her away, he is liable for her necessaries, and he sends credit with her to that extent. 2 Kent’s Com. 146-7 ; Evans v. Fisher, 5 Gilm. 569. In that case this court fully recognized the rules of the common law, in this language: “ The husband is not responsible even for
nec…
2Cited by27 opinions
- In re DoleHawaii Supreme Court · 1903
- Holmstedt v. HolmstedtIllinois Supreme Court · 1943
- Martilla v. Quincy Mining Co.Michigan Supreme Court · 1923
- Pope v. PopeIllinois Supreme Court · 1954
- Galvin v. GalvinIllinois Supreme Court · 1978
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