{
  "id": 2930537,
  "name": "Ada A. Cope, Appellant, v. John L. Cope, Appellee",
  "name_abbreviation": "Cope v. Cope",
  "decision_date": "1917-10-11",
  "docket_number": "",
  "first_page": "617",
  "last_page": "618",
  "citations": [
    {
      "type": "official",
      "cite": "207 Ill. App. 617"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 201,
    "char_count": 3257,
    "ocr_confidence": 0.547,
    "sha256": "0cb08df51fec28c5a9ae474c396711116c25a8bd7f046dff6a4b080e1269788a",
    "simhash": "1:c5630e7e382da030",
    "word_count": 551
  },
  "last_updated": "2023-07-14T19:52:34.192092+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Ada A. Cope, Appellant, v. John L. Cope, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Graves\ndelivered the opinion of the court.\n4. Husband and wife, \u00a7 217 \u2014 when wife is not without fault in causing disruption of marital relation. Where a wife's misconduct is such as to materially contribute to the disruption of the marital relation, she is not without fault within the meaning of the statute providing for separate maintenance (J, & A. f 6159).\n5. Husband and wife, \u00a7 217* \u2014 when wife is not without fault in causing separation. Where the misconduct of both parties has contributed to cause the separation, the wife is not without fault in the meaning of the separate maintenance statute (J. & A. f 6159)..\n6. Equity, \u00a7 374* \u2014 when refusal of requests to submit certain issues to jury is not error. On a bill for separate maintenance where the issues are submitted to a jury, the refusal of a request to submit certain issues is not error.\n: 7. Equity \u2014 when propriety of rulings on instructions is immaterial. On a bill for separate maintenance, where the issues are submitted to a jury, the question whether the rulings as to the giving or refusal of instructions were proper is immaterial.\n8. Appeal and error, \u00a7 1522* \u2014 when inconsistency in jury\u2019s findings is not ground for reversal. On a bill for separate maintenance, inconsistency in the jury's findings is not ground for reversal, where the court made independent findings.\n9. Husband and wife, \u00a7 264* \u2014 when evidence supports findings in suit for separate maintenance. Evidence held sufficient to support the findings of the chancellor in a suit for separate maintenance.",
        "type": "majority",
        "author": "Mr. Presiding Justice Graves"
      }
    ],
    "attorneys": [
      "De Mange, Gillespie & De Mange, for appellant.",
      "Sterling, Livingston & Whitmore, for appellee."
    ],
    "corrections": "",
    "head_matter": "Ada A. Cope, Appellant, v. John L. Cope, Appellee.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Jury, \u00a7 9 \u2014 when trial by is not matter of right. A jury trial in a separate maintenance suit is not a matter of right.\n2. Equity, \u00a7 379* \u2014 when findings of jury are advisory only. Where issues are submitted to a jury in a suit for separate maintenance, their verdict is advisory only, and it is still within the court\u2019s discretion either to follow the jury\u2019s findings or to make independent findings.\n3. Appeal and error, \u00a7 1395* \u2014 when findings of chancellor not set aside. On appeal, the findings of a chancellor who has seen the witnesses and heard the testimony should he accorded the same weight as the findings of a jury and not set aside unless contrary to the manifest weight of the evidence.\nAppeal from the Circuit Court of McLean county; the Hon. Sain Welty, Judge, presiding. Heard in this court at the April term, 1917.\nAffirmed.\nOpinion filed October 11, 1917.\nStatement of the Case.\nBill for separate maintenance by Ada A. Cope, complainant, against John L. Cope, defendant. Issues were formed to be tried by a jury and there were findings by the jury which the court refused to set aside, but it entered a decree making independent findings partly contrary to those of the jury, and ordered the bill dismissed for want of equity, from which complainant appeals.\nDe Mange, Gillespie & De Mange, for appellant.\nSterling, Livingston & Whitmore, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and SPPtiion number.\nSee Illinois Notes Digest, Vols, XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0617-01",
  "first_page_order": 643,
  "last_page_order": 644
}