{
  "id": 5175645,
  "name": "John G. Earle v. Clara M. Earle",
  "name_abbreviation": "Earle v. Earle",
  "decision_date": "1898-04-18",
  "docket_number": "",
  "first_page": "351",
  "last_page": "352",
  "citations": [
    {
      "type": "official",
      "cite": "75 Ill. App. 351"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "80 Ill. 523",
      "category": "reporters:state",
      "reporter": "Ill.",
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        2679350
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/80/0523-01"
      ]
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    {
      "cite": "42 Ill. App. 504",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5043225
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/42/0504-01"
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  "last_updated": "2023-07-14T18:19:06.025093+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John G. Earle v. Clara M. Earle."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Sears\ndelivered the opinion of the Court.\nIn a suit for separate maintenance, wherein defendant in error was complainant and plaintiff in error was defendant, an order was entered upon February 27, 1895, for the payment by plaintiff in error of certain sums for alimony pendente lite and for solicitor\u2019s fees.\nAn appeal was prayed and perfected from that order. While such appeal was pending other orders were entered in the court below at different times for payment of alimony pending the appeal and for solicitor\u2019s fees in defending the appeal.\nCounsel for plaintiff in error says in his brief: \u201c It is to the first order for $250 that this writ of error runs.\u201d By this statement, if not as well by the assignment of errors, the consideration of this writ of error is limited to the following order of April 4, 1895:\n\u201c And this cause coming on to be heard on motion of complainant for solicitor\u2019s fees for defending the appeal of defendant, John G. Earle, to the Appellate Court of the First District of the State of Illinois, from the order of this court made heretofore herein for payment of alimony pendente lite, suit money and solicitor\u2019s fees, and the court having heard the evidence and the argument of counsel, and being fully advised in the premises, doth order, adjudge and decree that the defendant, John G. Earle, pay to complainant the sum of two hundred and fifty dollars ($250) as her solicitor\u2019s fees in her defense in said appeal, and that the same be paid to the complainant or to her solicitor on or before the 11th day of April, A. D. 1895.\u201d\nWe are unable to see how\" any question can arise as to the power of the court to thus provide the wife.with means necessary to prosecute her cause. \" Section 22, Chapter 68, Revised Statutes; Section 15, Chapter 40, Revised Statutes; Razor v. Razor, 42 Ill. App. 504; Blake v. Blake, 80 Ill. 523.\nThere is no suggestion that the amount allowed is unreasonable or oppressive.\nThe order of the Circuit Court is affirmed.",
        "type": "majority",
        "author": "Mr. Justice Sears"
      }
    ],
    "attorneys": [
      "H. S. Mecartney, attorney for plaintiff in error.",
      "No appearance for appellee."
    ],
    "corrections": "",
    "head_matter": "John G. Earle v. Clara M. Earle.\n1. Alimony\u2014May be Allowed for Expenses of Defending an Appeal from an Order Allowing Alimony.\u2014Alimony may be allowed and the payment thereof enforced during the pendency of an appeal from a former order for the payment of alimony, and money necessary to enable the wife to follow up such appeal may be included in such allowance.\nSeparate Maintenance.\u2014Error to the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding.\nHeard in this court at the March term, 1898.\nAffirmed.\nOpinion filed April 18, 1898.\nH. S. Mecartney, attorney for plaintiff in error.\nNo appearance for appellee."
  },
  "file_name": "0351-01",
  "first_page_order": 351,
  "last_page_order": 352
}
