Rathmann v. Rathmann

Appellate Court of Illinois

Rathmann v. Rathmann

196 Ill. App. 20

CourtAppellate Court of Illinois

DecidedDecember 8, 1915

DocketGen. No. 20,973

StatusPublished

Cited by3 cases

This text of 196 Ill. App. 20 (Rathmann v. Rathmann) 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

Rathmann v. Rathmann, 196 Ill. App. 20 (Ill. Ct. App. 1915).

Pincite

Opinion

Mr. Justice Pam

delivered the opinion of the court.

Abstract of the Decision. 1. Husband and wife, § 267*—necessity that decree of separate maintenance he supported hy evidence that parties were living apart. In an action for separate maintenance, a decree in favor of the wife cannot stand unless it appears reasonably as a fact that at the time the bill was filed the parties were actually living separate and apart. 2. Husband and wife, § 267*—when evidence insufficient to establish that parties were living apart. In an action for separate maintenance, a finding that at the time the bill was filed the parties were living separate and apart, held not sustained by the evidence where the record shows that at such time the parties were living in the same house, but where there is no evidence in the record tending to show that their relations were changed further than the fact that they did not occupy the same room. 3. Husband and wife, § 257*—when hill for separate maintenance sufficiently alleges that parties were living apart. In an action for separate maintenance, allegations in the bill examined and held sufficiently to allege that at the time the bill was filed the parties were living separate and apart, in the absence of a special demurrer to such allegations, although such facts are not clearly alleged therein.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Pam

delivered the opinion of the court.

Abstract of the Decision. 1. Husband and wife, § 267*—necessity that decree of separate maintenance he supported hy evidence that parties were living apart. In an action for separate maintenance, a decree in favor of the wife cannot stand unless it appears reasonably as a fact that at the time the bill was filed the parties were actually living separate and apart. 2. Husband and wife, § 267*—when evidence insufficient to establish that parties were living apart. In an action for separate maintenance, a finding that at the time the bill was filed the parties were living separate and apart, held not sustained by the evidence where the record shows that at such time the parties were living in the same house, but where there is no evidence in the record tending to show that their relations were changed further than the fact that they did not occupy the same room. 3. Husband and wife, § 257*—when hill for separate maintenance sufficiently alleges that parties were living apart. In an action for separate maintenance, allegations in the bill examined and held sufficiently to allege that at the time the bill was filed the parties were living separate and apart, in the absence of a special demurrer to such allegations, although such facts are not clearly alleged therein.

Cite This Page — Counsel Stack

Bluebook (online)

196 Ill. App. 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rathmann-v-rathmann-illappct-1915.

Opinion

Related

Cite This Page — Counsel Stack