Collier v. Collier

Appellate Court of Illinois

Collier v. Collier

66 Ill. App. 484, 1896 Ill. App. LEXIS 713

DecidedOctober 22, 1896

StatusPublished

This text of 66 Ill. App. 484 (Collier v. Collier) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Collier v. Collier, 66 Ill. App. 484, 1896 Ill. App. LEXIS 713 (Ill. Ct. App. 1896).

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Opinion

Mr. Justice Waterman

delivered the opinion of the Court.

The question presented in this case is whether a note upon which judgment was rendered against the plaintiff in error was given in settlement of a valid claim for alimony, which defendant in error had against him.

While a husband and wife may not enter into an agreement for divorce, yet the amount of' alimony the husband is to pay to the wife, the terms of the payment, and the length of time payment is to be made, may be arranged between them by consent. Buck v. Buck, 60 Ill. 241; Storey v. Storey et al., 125 Ill. 608.

The question of whether the note in suit was given for alimony and not for an agreement to permit a divorce, was fairly submitted to the jury under conflicting evidence, which fully warranted the jury in arriving at the conclusion it did.

We find no sufficient reason for reversing the judgment of the court below and it is affirmed.

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