Chatterton v. Chatterton
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on writ of error to the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. On January 30, 1904, Martha S. Chatterton filed her bill in the circuit court of Cook county against William A. Chatterton, appellee herein, for divorce, on the ground of desertion.
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Appeal from the Appellate Court for the First District;— heard in that court on writ of error to the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. On January 30, 1904, Martha S. Chatterton filed her bill in the circuit court of Cook county against William A. Chatterton, appellee herein, for divorce, on the ground of desertion. At the February term, 1904, the summons having been returned “not found,” the appearance of the defendant was entered, in writing, by his solicitor, Francis W. Walker. Thereafter he was defaulted for failure to plead, answer or demur, and on…
1Opinion of the CourtJustice Scott
The appellee moved to dismiss this appeal. That motion will be denied. In view of the determination which we have reached upon the merits of the controversy we deem it unnecessary to state the reasons which led to a denial of the motion.
It is contended by appellants that the complainant in the divorce proceeding having died prior to the time when the writ of error was sued out of the Appellate Court, the marriage status was thereby forever destroyed and there was no subject matter of which a court of review could assume jurisdiction. This court has taken the contrary view in Wren v. Moss, 1…
2Cases cited2 opinions
- Danforth v. DanforthIllinois Supreme Court · 1884
- Evans v. WoodsworthIllinois Supreme Court · 1904
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