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35 Ill. App. 404

Zoellner v. Zoellner

Appellate Court of Illinois

Decided March 10, 1890

Appellate Court of Illinois · decided 1890-03-10

<p>Dirorce—Separate Maintenance—Temporary Allowance—Attorneys' Fees.</p> <p>Upon the facts presented, this court declines to interfere with an order entered in an action for separate maintenance awarding a temporary allowance for support of the wife, and a sum for solicitors’ fees.</p>

Relies on Lane v. Lane

Decided 1890-03-10

Gary, P. J.

¶1It would be of no benefit to anybody to put in a permanent form, before the public, the petty details of this ill-matched union of an old man and a young wife.

¶2She sues for a separate maintenance. Pendente lite, the court awarded her a very moderate temporary allowance for her own support and a small sum for solicitors’ fees. From that order this appeal was taken.

¶3Whether her suit will be successful or not can not be, with any certainty, predicted at its present stage. She has the legal right to prosecute it, and as she has no property and ho has considerable, he must pay, reasonably, to enable her to present her claims. As was said by this court in Lane v. Lane, 22 Ill. App. 529, this court “could interfere with such an order only where it was affirmatively and clearly shown to be erroneous upon consideration of all circumstances contained in the record.” 3STo such case is shown by this record, and the order is therefore affirmed.

¶4Order affirmed.

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