Legal Opinion
McCarthy v. McCarthy
Appellate Court of Illinois
Decided October 13, 1920No. Gen. No. 25,407PublishedCited by 4 opinions
Error to the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
1Opinion of the CourtJustice Gridley
In the case of Ross v. Ross, 69 Ill. 569, decided in 1873, our Supreme Court affirmed the decree of the circuit court,'granting separate maintenance. Mr. Justice McAllister in delivering the opinion of the court says (pp. 570-2)
“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 a 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,…
2Cases cited6 opinions
- Johnson v. JohnsonIllinois Supreme Court · 1888
- Ross v. RossIllinois Supreme Court · 1873
- Wahle v. WahleIllinois Supreme Court · 1874
- Porter v. PorterIllinois Supreme Court · 1896
- Johnson v. JohnsonAppellate Court of Illinois · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bush v. BushAppellate Court of Illinois · 1942
- Pearsons v. PearsonsAppellate Court of Illinois · 1935
- Ash v. AshAppellate Court of Illinois · 1946
- Bertram v. BertramAppellate Court of Illinois · 1952