(DOWNLOAD) "Miezio v. Miezio" by Supreme Court of Illinois " Book PDF Kindle ePub Free
eBook details
- Title: Miezio v. Miezio
- Author : Supreme Court of Illinois
- Release Date : January 23, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
A decree of the superior court of Cook County, entered in accordance with a jury verdict, awarded a divorce to Louise Miezio
from her husband, Casimir A. Miezio, upon the ground of extreme and repeated cruelty. The decree reserved jurisdiction to
determine questions of alimony, custody and support of the children, and attorney's fees. These matters were referred to a
master and thereafter a decree was entered which granted custody of the two children to the wife, awarded her, by way of permanent
alimony, exclusive ownership of the home which had theretofore been owned by the parties jointly, and taxed fees and costs
to the husband. He appeals from this decree. A freehold is involved. The defendant contends that the decree awarding his interest in the home to the plaintiff was not warranted by the pleadings
or by the evidence. So far as the pleadings are concerned, the complaint alleged joint ownership of the property and prayed
"That defendant may be compelled to make proper and suitable provision for the support and maintenance of the plaintiff and
her minor children in accordance with the statute in such case made and provided." Since the amendment of section 18 of the
Divorce Act in 1949 the statute expressly provides, "The court may order the husband or wife, as the case may be, to pay to
the other party such sum of money, or convey to the party such real or personal property, payable or to be conveyed either
in gross or by instalments as settlement in lieu of alimony, as the court deems equitable." (Ill. Rev. Stat. 1953, chap. 40,
par. 19.) Since the enactment of this amendment, the allegations and proof of special equities or circumstances which were
formerly necessary to sustain a conveyance under section 17 of the Divorce Act (see Ward v. Sampson, 395 Ill. 353; Anderson
v. Anderson, 380 Ill. 435) are no longer required. (Persico v. Persico, 409 Ill. 608.) The allegation of joint ownership of
the property, coupled with the reference to the statute in the prayer for relief, were sufficient, in our opinion, to sustain
the decree.
 "Miezio v. Miezio" by Supreme Court of Illinois " Book PDF Kindle ePub Free){kind=link}