Miner v. Miner
Illinois Supreme Court
The appellee, complainant in the Jersey Circuit Court, at the May term, 1848, filed her bill for a divorce, on account of extreme and repeated cruelty on the part of her husband.
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The appellee, complainant in the Jersey Circuit Court, at the May term, 1848, filed her bill for a divorce, on account of extreme and repeated cruelty on the part of her husband. The venue was afterwards changed to Greene county for trial, and in that Court a decree for a divorce was entered, the defendant having withdrawn all defence to a divorce, but reserving to himself “the right of contesting before the Court all her legal claims, to the custody, care and maintenance of his daughter, Charlotte H. Miner, the only surviving offspring of the marriage ; and reserving, also, to himself, the…
1Opinion of the Court
Opinion by, Mr. Justice Catón:
No complaint is made of the decree granting the divorce. The principal question submitted for our consideration, relates to the proper disposition to be made of the child.
In determining this question, it is insisted that we ought not to look into the depositions, which were taken upon the trial of the main issue, and that we should limit ourselves to an examination only of such evidence, as was taken upon this incidental Question. This is an appendage of the original suit, and all proofs regularly taken in the case, and bearing upon the present inquiry, are…
2Cited by44 opinions
- Nye v. NyeIllinois Supreme Court · 1952
- Morrill v. MorrillSupreme Court of Connecticut · 1910
- Kenner v. KennerTennessee Supreme Court · 1917
- Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
- Sullivan v. People ex rel. HeeneyIllinois Supreme Court · 1906
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