Hengen v. Hengen, 182 Ill. App. 25 (1913)

Oct. 9, 1913 · Illinois Appellate Court · Gen. No. 18,002

182 Ill. App. 25

Margerete Hengen, Appellee, v. Gustave B. Hengen, Appellant.

Gen. No. 18,002.

(Not to be reported in full.)

Abstract of the Decision.

1. Husband and wife, § 233^*—when right to temporary alimony presumed. Wife suing for separate maintenance is presumed entitled to temporary alimony.

Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

Affirmed.

Opinion filed October 9, 1913.

Rehearing denied October 23, 1913.

Statement of the Case.

Action by Margerete Hengen against Gustave B. Hengen for separate maintenance. From an order allowing plaintiff temporary alimony of one hundred fifty dollars per month and two hundred dollars solicitor’s fees, defendant appeals.

E. G. Lancaster, for appellant.

Patrick H. O’Donnell and C. A. Toolen, for appellee; James Hartnett, of counsel.

* See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

* See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Presiding Justice McSurely

delivered the opinion of the court.

2. Husband and wife, § 234 ^* —when wife entitled to allowance of temporary alimony and solicitor's fees. Wife apparently suing for separate maintenance in good faith is entitled to temporary alimony and attorney’s fees, notwithstanding husband’s answer charges her with adultery, since the time for determining such issue is upon trial to the merits.

3. Appeal and ebbob, § 1357*—when amount allowed as temporary alimony not an atuse of discretion. Claim of husband that most of his property produces no income, held not to warrant Appellate Court in interfering with discretion of chancellor as to amount allowed for temporary alimony.