Groth v. Groth

69 Ill. App. 68
CourtAppellate Court of Illinois
DecidedMarch 8, 1897
StatusPublished
Cited by3 cases

This text of 69 Ill. App. 68 (Groth v. Groth) 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.

Bluebook
Groth v. Groth, 69 Ill. App. 68 (Ill. Ct. App. 1897).

Opinion

Mr. Justice Gary

delivered the opinion oe the Court.

The appellant filed a bill to obtain a divorce from the appellee. The court ordered that she should pay him $20 per month, temporary alimony, and $25 solicitor’s fees, from which order is this appeal. We do not review the cause shown on which such order was made, being of the opinion that if alimony from a wife to a husband is a proper thing upon circumstances, legislation is necessary to authorize it. At common law a husband was required to provide his wife with necessaries, but there was no reciprocal duty.

The statute gives her—not him—alimony. To give it to him is not to administer existing, but to make new, law. Somers v. Somers, 39 Kan. 132. Green v. Green, 68 N. W. Rep. (Neb.) 947.

The order is reversed.

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123 N.W. 283 (North Dakota Supreme Court, 1909)

Cite This Page — Counsel Stack

Bluebook (online)
69 Ill. App. 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/groth-v-groth-illappct-1897.