{
  "id": 2877232,
  "name": "Ernestine Rapp, Appellee, v. William Rapp, Appellant",
  "name_abbreviation": "Rapp v. Rapp",
  "decision_date": "1915-10-05",
  "docket_number": "Gen. No. 20,986",
  "first_page": "525",
  "last_page": "526",
  "citations": [
    {
      "type": "official",
      "cite": "194 Ill. App. 525"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 208,
    "char_count": 2584,
    "ocr_confidence": 0.555,
    "sha256": "57cd3e9d4d4fcba4f806c3a2681ab9f16c34758c682be49082890768ac0a6985",
    "simhash": "1:42090a18d45134b8",
    "word_count": 439
  },
  "last_updated": "2023-07-14T16:49:21.752065+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Ernestine Rapp, Appellee, v. William Rapp, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baker\ndelivered the opinion of the court.\n3. Divorce, \u00a7 46 -\u2014when question of adultery need not be submitted to jury. In a suit for divorce where the evidence of adultery of the defendant is clear and convincing, and uncontroverted, the question need not be submitted to the jury.\n4. Divorce, \u00a7 42 \u2014what evidence inadmissible to show adultery. In a suit for divorce where the defendant alleged adultery of the complainant, evidence of incontinence with another person occurring twenty years before the adultery charged would not tend to prove such allegation and is properly excluded.\n5. Divorce, \u00a7 42 \u2014when circumstantial evidence of adultery admissible. Circumstantial evidence of adultery must be sufficiently significant in character and sufficiently near in point of time to lead the guarded discretion of a reasonable man to a belief in a material element and the fact to he proved, and if too remote or insignificant it will be rejected.",
        "type": "majority",
        "author": "Mr. Justice Baker"
      }
    ],
    "attorneys": [
      "Ben M. Smith and Lee J. Frank, for appellant.",
      "Stein, Mayer & Stein, for appellee; Elias Mayer, of counsel."
    ],
    "corrections": "",
    "head_matter": "Ernestine Rapp, Appellee, v. William Rapp, Appellant.\nGen. No. 20,986.\n(Not to be reported in full.)\nAppeal from the Superior Court of Cook county; the Hon. Denis R Sullivan, Judge, presiding.\nHeard in this court at the October term, 1914.\nAffirmed.\nOpinion filed October 5, 1915.\nAbstract of the Decision.\n1. Appeal and error, \u00a7 76 \u2014what record must show. An objection that the trial court erred in denying a motion for a continuance cannot be reviewed where the affidavit for continuance is not made a part of the record by the certificate of the judge who heard the cause, and the fact that such affidavit is copied into the transcript by the clerk does not make it part of the record.\n2. Divorce, \u00a7 23 \u2014when residence shown. In a suit for divorce, where the testimony of the complainant, her children and members of her household shows residence in this State for some time before the filing of the bill, and the defendant introduces no evidence of any tangible fact tending to show that complainant was not an actual and bona fide resident, the jury are properly instructed that complainant was a resident of the State.\nStatement of the Case.\nSuit for divorce by Ernestine Rapp against William Rapp on the ground of adultery. The cause was tried to a jury, and the court instructed the jury to find the issues for the complainant, and on the verdict so directed entered the decree, whereupon the defendant appeals.\nBen M. Smith and Lee J. Frank, for appellant.\nStein, Mayer & Stein, for appellee; Elias Mayer, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0525-01",
  "first_page_order": 547,
  "last_page_order": 548
}