Elzas v. Elzas
Appellate Court of Illinois
Appeal from, an Order for Solicitor’s Fees.—Entered by the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Statement.—Appellee obtained a decree of divorce in her suit against appellant. Appellant presented his petition for leave to file a bill of review to reverse that decree. Upon hearing of the petition the court ordered it dismissed and denied the leave prayed.
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Appeal from, an Order for Solicitor’s Fees.—Entered by the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Statement.—Appellee obtained a decree of divorce in her suit against appellant. Appellant presented his petition for leave to file a bill of review to reverse that decree. Upon hearing of the petition the court ordered it dismissed and denied the leave prayed. An appeal was prayed from the order thus denying leave to file a bill of review, and the appeal was perfected by filing certificate of evidence and appeal bond on May 19, 1898. At the June term, 1898, the…
1Opinion of the CourtJustice Sears
It is objected by counsel for appellant that after the appeal had been perfected the Circuit Court had no further power to enter the order here in question. This contention is disposed of by the decision in Jenkins v. Jenkins, 91 Ill. 167. It does not appear that the amount allowed was an unreasonable one, and there is no cause for disturbing the order upon that ground. Jenkins v. Jenkins, supra; Foss v. Foss, 100 Ill. 576; 2 Bishop on Marriage, Divorce and Separation, Sec. 988.
The other question presented, and the only one which is at all doubtful, is as to whether the statute which permits…
2Cases cited4 opinions
- Barrow v. HuntonSupreme Court of the United States · 1879
- Jenkins v. JenkinsIllinois Supreme Court · 1878
- Foss v. FossIllinois Supreme Court · 1881
- Cole v. MillerMississippi Supreme Court · 1856
3Cited by2 opinions
- Knaack v. KnaackAppellate Court of Illinois · 1927
- Garmisa v. GarmisaAppellate Court of Illinois · 1972