Petrie v. People
Illinois Supreme Court
Appeal from the Superior Court of Chicago. In February, 1865, Martha A. Petrie exhibited her bill in chancery in the court below, against Henry Petrie, her husband, for a divorce. The defendant demurred to the bill.
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Appeal from the Superior Court of Chicago. In February, 1865, Martha A. Petrie exhibited her bill in chancery in the court below, against Henry Petrie, her husband, for a divorce. The defendant demurred to the bill. The complainant also filed her petition for an allowance of temporary alimony for support and expenses of the suit. ' The motion for alimony and the demurrer to the bill were heard together on the 21st of March, 1865. The demurrer was overruled, and the defendant ordered to pay fifty dollars temporary alimony by the following Friday, and fifty dollars by the first day of the next…
1Opinion of the CourtChief Justice Walker
It is insisted that the court below erred in allowing alimony to enable complainant to employ counsel and otherwise prepare for the prosecution of her suit. The power of the court to make such an order is questioned, upon the ground that the statute regulating proceedings in divorce contains no express authority for the purpose, the statute only, in terms, authorizing the court to allow permanent alimony by the final decree. The only provision on the subject of alimony is found in the sixth and eighth sections of our statute, the former of which declares, that “ When a divorce shall be…
2Cases cited2 opinions
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