Legal Opinion

Albee v. Albee

Illinois Supreme Court

Decided May 12, 1892PublishedCited by 26 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding. This was a bill in chancery, filed September 23,1890, in the Superior Court of Cook county, by Charles S. Albee against Mary W. Albee, for a divorce, on the ground of desertion.

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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. Henry M. Shepard, Judge, presiding. This was a bill in chancery, filed September 23,1890, in the Superior Court of Cook county, by Charles S. Albee against Mary W. Albee, for a divorce, on the ground of desertion. The defendant appeared and answered, and a replication being filed, by agreement of the parties, a jury was waived, and the-cause was submitted to the court for a trial. A hearing was thereupon had on pleadings and proofs, resulting in a finding of…

1Opinion of the CourtJustice Bailey

After a patient consideration of the evidence presented by. the record in this case bearing upon the charge of desertion made by the bill, we are disposed to concur with the Appellate Court in the conclusion that such desertion is not proved. The evidence of the circumstances under which the defendant originally left Bellows Falls and moved to Butland in the early part of the year 1886, leaves but little room for doubt that such removal was with the full consent and concurrence of the complainant. While the complainant and both his parents testify that her going to Butland was contrary to the…

2Cited by26 opinions

  1. Beach v. BeachSupreme Court of Oklahoma · 1896
  2. Gildersleeve v. GildersleeveSupreme Court of Connecticut · 1914
  3. Spafford v. SpaffordSupreme Court of Alabama · 1917
  4. Walker v. WalkerNevada Supreme Court · 1921
  5. Luper v. LuperOregon Supreme Court · 1908

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