Shaw v. Shaw

Citations

• 114 Ill. 586
• 3 N.E. 271

Syllabus

<p>1. Stbiking- answeb in chancery from the files—in sxdt for divorce. It is error to strike a defendant’s answer to a bill of divorce from the files, after it has been filed by counsel, merely upon proof of a communication sent by the defendant to his solicitor, which the latter never received, to let the suit go by default.</p> <p>2. Alimony—whether by annual allowance, or land m fee. . Under the decisions of thi's court the practice has been, unless for special reasons,—as, where the property has been bought with the wife’s money, or where the proof shows the property has been accumulated by the personal labor of the wife,—to give her an annual allowance or life estate in the real property of the husband, to be held under the control of the court, and not to give her the fee to the husband’s real estate as alimony, on a decree of divorce.</p>