Stein v. Stein

Appellate Court of Illinois

Stein v. Stein

66 Ill. App. 526, 1896 Ill. App. LEXIS 726

CourtAppellate Court of Illinois

DecidedNovember 5, 1896

StatusPublished

Cited by3 cases

This text of 66 Ill. App. 526 (Stein v. Stein) 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

Stein v. Stein, 66 Ill. App. 526, 1896 Ill. App. LEXIS 726 (Ill. Ct. App. 1896).

Pincite

Opinion

Mr. Justice Waterman

delivered the opinion of the Court.

We are of the opinion that the chancellor was right in concluding that from and after the performance of the ceremony of marriage of the parties to this suit, and the entry of the decree of divorce of appellee from Salmansohn, the intercourse between appellant and appellee was not meretricious. Appellee was then a marriageable woman, and however invalid the previous undertaking between appellant and appellee may have originally been, appellant’s conduct in continuing for seven years thereafter to live with and hold her out to the world as his wife, must be taken as a ratification of the marriage ceremony, performed with all solemnity by the Rev. Doctor Withrow. Post v. Post, 70 Ill. 484.

It is not shown that Salmansohn was living April 2,1887. In the absence of proof of this, the presumption of appellee’s innocence prevails over the presumption of the existence of the former husband. Breier v. Weier, 33 Ill. App. 386; Johnson v. Johnson, 114 Ill. 611.

Under the circumstances the court was justified in awarding to appellee a decree for separate maintenance.

The decree of the Circuit Court is affirmed.

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Mr. Justice Waterman

delivered the opinion of the Court.

We are of the opinion that the chancellor was right in concluding that from and after the performance of the ceremony of marriage of the parties to this suit, and the entry of the decree of divorce of appellee from Salmansohn, the intercourse between appellant and appellee was not meretricious. Appellee was then a marriageable woman, and however invalid the previous undertaking between appellant and appellee may have originally been, appellant’s conduct in continuing for seven years thereafter to live with and hold her out to the world as his wife, must be taken as a ratification of the marriage ceremony, performed with all solemnity by the Rev. Doctor Withrow. Post v. Post, 70 Ill. 484.

It is not shown that Salmansohn was living April 2,1887. In the absence of proof of this, the presumption of appellee’s innocence prevails over the presumption of the existence of the former husband. Breier v. Weier, 33 Ill. App. 386; Johnson v. Johnson, 114 Ill. 611.

Under the circumstances the court was justified in awarding to appellee a decree for separate maintenance.

The decree of the Circuit Court is affirmed.

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Bluebook (online)

66 Ill. App. 526, 1896 Ill. App. LEXIS 726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stein-v-stein-illappct-1896.

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