Chestnut v. Chestnut

Citations

• 77 Ill. 346

Syllabus

<p>1. Pleading—carrying-demurrer back. Under the rules of pleading, a demurrer may be carried back, except where the general issue may intervene, and made to reach the first, delect in pleading, no matter by which part) committed.</p> <p>3. Alimony—whether record shows allowance pendente lite. On bill by a husband for divorce, on the 13th day of August the judge’s minutes showed the allowance of alimony to the wife, at the rate of $1600 per annum, until the suit should be disposed of, and on the next, day the complainant dismissed his bill, by leave of court, before the order for alimony liad been entered of record or signed: Held, that the dismissal suspended all further action as to alimony, as the court thereby lost all jurisdiction of the parties and of the subject matter.</p> <p>3 Same—dismissal of bill operates to revoke order for temporary alimony. Where a bill by a husband for divorce is dismissed by leave of court, it operates as a revocation of an order allowing the wife temporary alimony.</p> <p>4. .Scibe facias—when it lies. Scire facias is a judicial writ, founded upon a record, and when brought to enforce the payment of money, it must be for a specific sum, or perhaps, in addition thereto, interest or exchange, as an incident to the debt.</p> <p>5. It will not lie upon the record of an order for the payment of alimony pending a suit for divorce, when a resort to evidence dehors the record would be necessary to ascertain the amount due.</p> <p>6. Husband and wife—wife’s right to sue husband. A married woman can not maintain an action at law against her husband in any case, except for the purpose of enabling her to recover and enjoy her separate property.</p>