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69 Ill. App. 68

Groth v. Groth

Appellate Court of Illinois

Decided March 8, 1897

Appellate Court of Illinois · decided 1897-03-08

<p>1. Alimony—Can Not be Allowed to a Husband.—There is no law in this State authorizing the allowance of alimony to a husband.</p>

Relies on Somers v. Somers

Good law ✅— No negative treatment on recordhow we know

Order reversed · Decided 1897-03-08

How this case has been cited

Cited by 3 later decisions — most recently December 1925

3 state decisions

101897190019101920decided

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 oe the Court.

¶2The appellant filed a bill to obtain a divorce from the appellee. The court ordered that she should pay him $20 per month, temporary alimony, and $25 solicitor’s fees, from which order is this appeal. We do not review the cause shown on which such order was made, being of the opinion that if alimony from a wife to a husband is a proper thing upon circumstances, legislation is necessary to authorize it. At common law a husband was required to provide his wife with necessaries, but there was no reciprocal duty.

¶3The statute gives her—not him—alimony. To give it to him is not to administer existing, but to make new, law. Somers v. Somers, 39 Kan. 132. Green v. Green, 68 N. W. Rep. (Neb.) 947.

¶4The order is reversed.

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