Blake v. People

Citations

• 80 Ill. 11

Syllabus

<p>1. Divorce—alimony pending suit—how payment of may he enforced. In divorce cases, the court is authorized to require the husband to pay the wife such sums of money as will enable her to prosecute or defend the suit, and, when it is just and equitable, may allow her alimony pending the litigation, and may enforce the payment in any manner consistent with the rules and practice of the court.</p> <p>2. Decrees for alimony may be enforced by execution or other final process, as other decrees in chancery, or in any other mode consistent with the practice in courts of chancery; but, as cumulative remedies, the court may enforce decrees for alimony either by sequestration of real or personal estate, by attachment against the person, by fine or imprisonment, or both, in the discretion of the court, as other decrees in chancery may be enforced.’</p> <p>3. Basket—power of court to imprison, for non-payment of alimony, limited hy constitutional provision to cases wh&re contempt is willful. The power of a court of chancery to enforce the payment of alimony by imprisonment of the defendant, as for contempt, is subject to the limitation imposed by the constitution, that a party may not be imprisoned, except in cases where it shall appear he has the pecuniary ability to enable him to comply with the decree, and his disobedience is willful.</p> <p>4. Where the neglect or refusal of the husband to comply with a decree for the payment of alimony is not from mere contumacy, but from the want of means, the result of misfortune, not induced by any fraudulent conduct on his part, the wife will be compelled to adopt some mode other than imprisonment to enforce the decree.</p>