Becker v. Becker

Citations

• 79 Ill. 532

Syllabus

<p>1. Divorce—custody of children. Where a divorce is decreed to the wife, upon the verdict of a jury finding that her husband had treated her with extreme and repeated cruel 13-, and there is no evidence of her unfitness to have the care and custody of her infant children, there is no impropriety in decreeing the custody of them to her.</p> <p>2. Same—verdict presumed to he right. Where a suit for a divorce is submitted to a jury, the presumption is in favor of their verdict until it is successfully impeached in some mode provided b3r law. Prima facie, at least, it shows, when in favor of the complainant, that the proofs sustained the allegations of the bill, and when the evidence is not preserved in the record, the verdict must be treated as the evidence of the facts.</p> <p>8. Alimony. Where a divorce was granted to the wife, on account of extreme and repeated cruelty of the husband, and the custody of two infant children given to her, and it appeared that the husband owned property of the value of over §0000, and that his indebtedness did not exceed §900, it was held, that a decree that he pay to the complainant §130 and her solicitors §120, within 30 days, and that he pay to her there, after §400 per annum, in quarterly installments, as her alimony, and in. lieu of dower and all claim for the support of the children committed to her charge, was not unreasonably large.</p> <p>4. Interest. It is erroneous to make the installments, in a decree for alimony, bear ten per cent interest if not paid when due. The legal rate of interest upon judgments and decrees is six per cent, and decrees of this character are not an exception to the law.</p>