Legal Opinion

Schwartz v. Schwartz

Appellate Court of Illinois

Decided January 10, 1889PublishedCited by 3 opinions

In error to the Circuit Court of Jackson County; the Hon. Eighabd S. Tuthill, Judge, presiding. Defendant in error filed her bill for separate maintenance and other relief against plaintiff in error, in the court below. An answer denying the material allegations in the bill was filed by him, and also a cross-bill against defendant in error, which she answrered, denying the material allegations therein.

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In error to the Circuit Court of Jackson County; the Hon. Eighabd S. Tuthill, Judge, presiding. Defendant in error filed her bill for separate maintenance and other relief against plaintiff in error, in the court below. An answer denying the material allegations in the bill was filed by him, and also a cross-bill against defendant in error, which she answrered, denying the material allegations therein. Issues were made up, among others an issue of fact, which was submitted to a jury. A hearing was had on the pleadings, proof and verdict of the jury, and the court entered a decree for…

1Opinion of the CourtGreer, P. J.

The allegations in the original bill that there was an engagement to marry existing in 1885 between complainant and defendant, George Schwartz—that he had carnal intercourse with her, and that she had a child begotten by him—are sufficiently shown, we think, by the evidence. He denies the engagement to marry, but the testimony of complainant that he did promise to marry her and touching his conduct toward her, the testimony of her father, showing the conduct and apparent mutual affection existing between the parties for so long a time, and the letter of defendant to complainant dated…

2Cases cited4 opinions

  1. Bates v. BallIllinois Supreme Court · 1874
  2. Hodson v. Van FossenMichigan Supreme Court · 1872
  3. Ford v. CrattyIllinois Supreme Court · 1869
  4. Taylor v. CottrellIllinois Supreme Court · 1854

3Cited by3 opinions

  1. Regenold v. Baby Fold, Inc.Illinois Supreme Court · 1977
  2. Short v. ShortAppellate Court of Illinois · 1932
  3. Sherman v. ShermanSupreme Court of Iowa · 1916

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