Burgess v. Burgess

This is an appeal from an order made by the court below in a divorce case for temporary alimony, and for solicitor’s fees. We are of opinion that complainant in her petition for alimony, and by the affidavits which were properly filed in support of it, sufficiently established probable cause for the suit.

This case is in this respect unlike Wheeler v. Wheeler, 18 Ill. App. 330, cited by counsel for appellant. There the bill was not sworn to, and the answer was, and it did not appear that any affidavits or any evidence in any form was heard, from which the court could find probable cause.…