Elzas v. Elzas
Illinois Supreme Court
' Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Edmund W. Burke, Judge, presiding. At the January term, 1897, of the circuit court of Cook county, a decree of divorce was entered on the petition of the appellee, against the appellant.
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' Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Edmund W. Burke, Judge, presiding. At the January term, 1897, of the circuit court of Cook county, a decree of divorce was entered on the petition of the appellee, against the appellant. After the close of the term and on the fourth day of February, 1897, the appellant filed a petition in said circuit court asking leave to file a bill of review for the purpose of having said decree of divorce reviewed, reversed and set aside. The grounds alleged for such…
1Opinion of the CourtJustice Boggs
The principal contention of appellant is, the power of the court to award payment to the wife of an amount to pay the fees of her solicitor, under section 15 of chapter 40 of the Revised Statutes, entitled “Divorce,” is restricted by the express terms of the statute to “cases of divorce,” and that a bill to review a decree for divorce is not a case of divorce, but an original proceeding in equity.
Mr. Story, in.his work on Equity Pleadings, (sec. 16,) defines original bills as those “which relate to some matter not before litigated in the court by the same persons, standing in the same…
2Cases cited2 opinions
- Jenkins v. JenkinsIllinois Supreme Court · 1878
- Iago v. IagoIllinois Supreme Court · 1897
3Cited by12 opinions
- Bushnell v. CooperIllinois Supreme Court · 1919
- Fletcher v. PerrySupreme Court of Vermont · 1932
- Hertel v. EdwardsCourt of Appeals of Kentucky · 1923
- People ex rel. Beadles v. PamIllinois Supreme Court · 1916
- Watts v. RiceIllinois Supreme Court · 1901
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