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67 Ill. App. 121

Holmes v. Hamburger

Appellate Court of Illinois

Decided December 14, 1896

Appellate Court of Illinois · decided 1896-12-14

<p>1. Alimony—Must be for the Benefit of the Wife.—All orders for alimony or suit money against a husband as party to a divorce suit must, so far as the record shows, be in favor of, or for the benefit of, the wife herself. Parties supplying her with food, clothes and lodging during the pendency of the suit can not come to the court for compensation.</p>

Relies on McCulloch v. Murphy

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1896-12-14

How this case has been cited

Cited by 3 later decisions — most recently July 1979

3 state decisions

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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. Justice Gary

¶1delivered the opinion of the Court.

¶2The appellant was the solicitor for the wife of the appellee, in a bill filed by her for a divorce. The appellant prepared a petition for alimony and solicitor’s fees, but before anything could be done upon it the husband and wife came together again and refused to pay the appellant for his services.

¶3The suit being still pending, he filed a petition on his own behalf, that the appellee might be compelled to pay him.

¶4With or without the statute of 1874, all orders for alimony or suit money against a husband, party to a divorce suit, are to be in favor of, or for the benefit of—so far as the record shows—the wife herself. Parties supplying her with food, clothes and lodging pendente lite, can not come to the court for compensation.

¶5That his client may prove fickle is one of the risks taken by a lawyer filing a bill for a divorce on behalf of a married woman who has no property. The divorce suit was dismissed by a part of the same order denying him relief.

¶6He had no standing in court, and the order appealed from is affirmed., McCullough v. Murphy, 45 Ill. 256.

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