Legal Opinion

Lesher v. Lesher

Appellate Court of Illinois

Decided January 13, 1911No. Gen. No. 15,113PublishedCited by 3 opinions

Bill for separate maintenance. Appeal from the Circuit Court of Cook county; the Hon. Samuel C. Stough, Judge, presiding. Statement by the Court. In this case appellant filed a hill in January, 1908, against appellee in the Circuit Court of Cook county, praying for a separate maintenance.

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Bill for separate maintenance. Appeal from the Circuit Court of Cook county; the Hon. Samuel C. Stough, Judge, presiding. Statement by the Court. In this case appellant filed a hill in January, 1908, against appellee in the Circuit Court of Cook county, praying for a separate maintenance. An answer was filed, denying the marriage, and stating, among other things, that on the 7th day of August, 1907, appellee was lawfully married to one May Charter, with whom he has lived and cohabited, and was then living and cohabiting, as her husband. The answer further stated that the complainant and…

1Opinion of the CourtJustice Baldwin

The important, and practically the only, question in this case is whether the court below was by the evidence justified in denying appellant’s contention that she was the common law wife of appellee, and in holding that the relations between them were meretricious instead of marital.

We shall not discuss at length the evidence in the case. The alleged agreement, to which appellant testified, is so explicit and precise,—so free from any possible legal criticism because of any deficiency or imperfection in it as to itself raise serious doubts whether any such occurrence took place. The appellee…

2Cases cited1 opinion

  1. Cartwright v. McGownIllinois Supreme Court · 1887

3Cited by3 opinions

  1. American Woolen Co. v. LesherIllinois Supreme Court · 1915
  2. Todd v. First National Bank & Trust Co.Appellate Court of Illinois · 1970
  3. American Woolen Co. of New York v. LesherAppellate Court of Illinois · 1914

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