Klemme v. Klemme
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding.
1Opinion of the CourtGarnett, J.
A bill for divorce was filed in the Circuit Court by appellee against appellant, but by amendment was converted into a bill for separate maintenance. Decree in pursuance of the prayer of the bill as amended was entered, and the defendant appeals. The relief granted in such eases is purely statutory. Trotter v. Trotter, 77 Ill. 510. A condition precédent to such a decree is that the wife shall live separate and apart from her husband. 1 Starr & C. Ill. Stats., 121; Jenkins v. Jenkins, 3 Ill. App. 641.
The fact must be alleged in the bill and supported by the proof. Neither the bill, nor the…
2Cases cited3 opinions
- Bremer v. Calumet & Chicago Canal & Dock Co.Illinois Supreme Court · 1887
- Trotter v. TrotterIllinois Supreme Court · 1875
- Jenkins v. JenkinsAppellate Court of Illinois · 1879
3Cited by9 opinions
- Pedersen v. PedersenCourt of Appeals for the D.C. Circuit · 1939
- Baumgartner v. BaumgartnerAppellate Court of Illinois · 1958
- John E. Burns Lumber Co. v. W. J. Reynolds Co.Appellate Court of Illinois · 1909
- Lowe v. LoweAppellate Court of Illinois · 1919
- Stenson v. StensonAppellate Court of Illinois · 1977
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