Appellate Court of Illinois, 1897

Groth v. Groth

Groth v. Groth
Appellate Court of Illinois · Decided March 8, 1897 · Gary
69 Ill. App. 68

Groth v. Groth

Opinion of the Court

Mr. Justice Gary

delivered the opinion oe the Court.

The 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.

The 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.

The order is reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.