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Barnett v. Barnett

Appellate Court of Illinois
Feb 28, 1949
336 Ill. App. 601 (Ill. App. Ct. 1949)

Opinion

Gen. No. 9,626. (Abstract of Decision.)

Opinion filed February 28, 1949 Released for publication March 28, 1949

DIVORCE, § 193prior orders as bar to future alimony. Where divorced wife delayed for 16 years before commencing proceedings for modification of order, entered "by agreement," in divorce suit discharging husband from further payment of alimony and subsequent unappealed order setting former one aside as respects future alimony but making no specific provision for payment of future alimony, and latter order recited that "parties" were present in court when it was entered, and both orders and divorce decree were entered while divorce statute of 1874 was in effect, refusal to allow wife future alimony on ground that she was barred therefrom by prior orders, regardless of any offer of proof of changed circumstances, was proper (Ill. Rev. Stat. 1947, ch. 40, par. 18; Jones Ill. Stats. Ann. 109.185).

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Sangamon county; the Hon. DEWITT S. CROW, Judge, presiding.

Affirmed in part and reversed in part and remanded for further proceedings consistent with this opinion. Heard in this court at the February term, 1949.

C. Victor Cardose and Anthony J. Manuele, for appellant;

John P. Snigg, for appellee.


Not to be published in full. Opinion filed February 28, 1949; released for publication March 28, 1949.


Summaries of

Barnett v. Barnett

Appellate Court of Illinois
Feb 28, 1949
336 Ill. App. 601 (Ill. App. Ct. 1949)
Case details for

Barnett v. Barnett

Case Details

Full title:Orval F. Barnett, Appellee, v. Letha Barnett, Appellant

Court:Appellate Court of Illinois

Date published: Feb 28, 1949

Citations

336 Ill. App. 601 (Ill. App. Ct. 1949)
84 N.E.2d 648

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