Smith v. Smith
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Douglas county; the Hon. Francis M. Weight, Judge, presiding. Joseph W. Smith, who is the appellant here, filed his bill in the circuit court of Douglas county, Illinois, for a divorce from his wife, Selina Smith, charging her with extreme and repeated cruelty.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Douglas county; the Hon. Francis M. Weight, Judge, presiding. Joseph W. Smith, who is the appellant here, filed his bill in the circuit court of Douglas county, Illinois, for a divorce from his wife, Selina Smith, charging her with extreme and repeated cruelty. The wife filed her answer denying the charges, and then filed a cross-bill praying for a divorce upon the same grounds,—that is, charging him with extreme and repeated cruelty. Just before the trial, by leave of the court,…
1Opinion of the CourtJustice Wilkin
The rule that this court is concluded by the judgment of the Appellate Court as to the facts in issue, as seems to be admitted by counsel for appellant in their brief, does not apply to causes in chancery. We think, however, that in view of the conflicting nature of the evidence in this case the verdict of the jury could not properly be interfered with, even if we were asked to do so.
It is first insisted by counsel for the appellant that the trial court erred in sustaining* the demurrer to his amendment to the original bill. Prom the record it does not appear that this question is properly…
2Cases cited2 opinions
- Allison v. PeopleIllinois Supreme Court · 1867
- Niccolls v. FosterIllinois Supreme Court · 1878
3Cited by5 opinions
- Schwamb Lumber Co. v. SchaarAppellate Court of Illinois · 1901
- West Chicago St. R. R. v. HuhnkeAppellate Court of Illinois · 1899
- Foley v. EverettAppellate Court of Illinois · 1908
- Carneghi v. GerlachAppellate Court of Illinois · 1917
- People ex rel. Valentine v. BiggsAppellate Court of Illinois · 1941