Bowman v. Bowman
Illinois Supreme Court
Appeal from the Circuit Court .of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. On the 10th day of November, 1871, being the third Friday of the October term of the St. Clair circuit court, the appellee filed his bill for a divorce against the appellant, on the ground of extreme and repeated cruelty, and prayed, also, for the custody of the children, aged respectively 11, 13, 15 and 17 years.
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Appeal from the Circuit Court .of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. On the 10th day of November, 1871, being the third Friday of the October term of the St. Clair circuit court, the appellee filed his bill for a divorce against the appellant, on the ground of extreme and repeated cruelty, and prayed, also, for the custody of the children, aged respectively 11, 13, 15 and 17 years. The following indorsements were on the bill: “I have been shown the above bill, and authorize my solicitor, Robert F. Wingate, to enter my appearance in the above cause. Maria S.…
1Opinion of the CourtJustice Thornton
The objection urged to the decree for a divorce, that it is not warranted by the evidence, we can not consider.
The record does not show that the evidence, upon which the decree was based, is preserved. The certificate of the judge does not purport to contain the evidence, but the decree recites that the bill was taken for confessed, and that the court heard evidence to sustain its allegations, and that he was fully satisfied of their truth.
We must, therefore, presume that the court heard oral proof in addition to the report of the master; and it has never been held necessary that this proof…
2Cases cited5 opinions
- Davis v. DavisIllinois Supreme Court · 1863
- Hawes v. HawesIllinois Supreme Court · 1864
- Shillinger v. ShillingerIllinois Supreme Court · 1852
- Moore v. BrackenIllinois Supreme Court · 1861
- Reed v. CurryIllinois Supreme Court · 1864
3Cited by10 opinions
- Riddlesbarger v. RiddlesbargerAppellate Court of Illinois · 1950
- Champion v. MyersIllinois Supreme Court · 1904
- Danforth v. DanforthIllinois Supreme Court · 1883
- Vayette v. MyersIllinois Supreme Court · 1922
- Bonnell v. LewisAppellate Court of Illinois · 1878
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