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53 Ill. 445

Plaster v. Plaster

Illinois Supreme Court

Decided January 15, 1870

Illinois Supreme Court · decided 1870-01-15

Charles Turner, Judge, presiding. This was an application, made at the March term, 1866, of the Cass circuit court, by the complainant, Louisa Plaster, for further alimony and maintenance.

Good law ✅— No negative treatment on recordhow we know

Decided 1870-01-15

How this case has been cited

Cited by 6 later decisions — most recently November 1973

6 state decisions

1018701880189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Chief Justice Breese

¶1delivered the opinion of the Court:

¶2Section six of the act respecting divorce, R. S. 196, gives the court jurisdiction to entertain appellee’s petition asking for some provision for the future maintenance of the child begotten of their marriage. According to the well settled rule in chancery, when that court once acquires jurisdiction, it can and will do complete justice between the parties, upon the subject matter in litigation.

¶3As the decree in the divorce cause between these parties made no provision for the support of the child, and appellant was shown to be abundantly able to contribute to his support, he was morally and legally bound to bear that burthen, the more especially as the mother was in indigent circumstances.

¶4We think, however, that the claim for her expenditures in this regard should be confined to the five years next before the commencement of this suit. The circuit court went beyond this, even back to the time of the divorce. This was error, and for the error the decree must be reversed and the cause remanded.

¶5Decree reversed.

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