Whelan v. Whelan

Appellate Court of Illinois

Whelan v. Whelan

161 Ill. App. 293, 1911 Ill. App. LEXIS 735

CourtAppellate Court of Illinois

DecidedApril 18, 1911

DocketGen. No. 15,443

StatusPublished

This text of 161 Ill. App. 293 (Whelan v. Whelan) 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

Whelan v. Whelan, 161 Ill. App. 293, 1911 Ill. App. LEXIS 735 (Ill. Ct. App. 1911).

Pincite

Opinion

Mr. Presiding Justice Smith

delivered the opinion of the court.

This is an appeal by Michael J. Whelan from an order that an attachment issue for contempt of court in failing to pay to Mary E. Whelan, appellee, $227.50 as alimony accrued under a decree of the Circuit Court, and from the denial of a motion to set aside the order for attachment.

The record shows that the only notice served upon appellant was a notice of a motion for a rule to show cause, and the evidence of this service is defective. No notice of the rule or order to show cause was served on appellant personally. “With few exceptions the rule generally obtains that nothing but personal service on the accused of the order to show cause why an attachment shall not issue against him will meet the requirements of the law.” 4 Ency. PI. & Pr. 782; Rapalje on Contempt, sec. 87; Bonner v. People, 40 Ill. App. 628.

For want of proper notice of the order to show cause the judgment or order of the Circuit Court is reversed.

Reversed.

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Mr. Presiding Justice Smith

delivered the opinion of the court.

This is an appeal by Michael J. Whelan from an order that an attachment issue for contempt of court in failing to pay to Mary E. Whelan, appellee, $227.50 as alimony accrued under a decree of the Circuit Court, and from the denial of a motion to set aside the order for attachment.

The record shows that the only notice served upon appellant was a notice of a motion for a rule to show cause, and the evidence of this service is defective. No notice of the rule or order to show cause was served on appellant personally. “With few exceptions the rule generally obtains that nothing but personal service on the accused of the order to show cause why an attachment shall not issue against him will meet the requirements of the law.” 4 Ency. PI. & Pr. 782; Rapalje on Contempt, sec. 87; Bonner v. People, 40 Ill. App. 628.

For want of proper notice of the order to show cause the judgment or order of the Circuit Court is reversed.

Reversed.

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Bluebook (online)

161 Ill. App. 293, 1911 Ill. App. LEXIS 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whelan-v-whelan-illappct-1911.

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