Draper v. Draper

Citations

• 68 Ill. 17

Syllabus

<p>1. Witness—age of child as bearing on competency. The allowing of a child, nine years of age, to testify, was assigned as error. She testified on her voir dire that she “understood the nature of an oath, and that if she did not swear the truth she would get into hell-fireHeld,, that intelligence. and not age, was the test of the competency of a witness of tender years, and that the witness was competent according to the most rigid rule.</p> <p>2. Chancery—~fnal decree without any disposition of the suit as to pa/rt of defendants. Where a final decree was rendered on a bill in chancery without taking the default of, or taking any decree against certain parties defendant, who seemed to have been unnecessary parties, there being no evidence against them, it was held, that the bill should have been dismissed as to them, but that a failure to do so, which worked no prejudice to the real and proper defendants, was no sufficient ground for reversing the decree against them.</p> <p>3. Custody op children—oh. decree of divorce. At common law, as a general rule, subject to some exceptions, the father is entitled to the custody of his infant children as against the mother, but, under our statute relating to proceedings for divorce, the court has a large discretion in determining to which parent the children will be given. It is usual in such cases, where, on the account of tender years, a nurse would be required if the child was awarded to the father, to give it to the mother, if there is nothing in her character rendering her unfit. Such a decree is not conclusive, but may be modified and altered whenever the interests of the child require it.</p> <p>4. Divorce and alimony—injunction restraining sale of lands. On the heating of a hill for divorce, the court granted the same, decreed alimony, and set aside a fraudulent conveyance of the defendant to his brother, and perpetually enjoined the brother from selling or disposing of the land conveyed to him: Held, that the court