Cohn v. Cohn, Gen. No. 45M9.

CourtIllinois Appellate Court
Writing for the CourtSTONE
Citation63 N.E.2d 618,327 Ill.App. 22
Decision Date26 October 1945
Docket NumberGen. No. 45M9.
PartiesCOHN v. COHN.

327 Ill.App. 22
63 N.E.2d 618

COHN
v.
COHN.

Gen. No. 45M9.

Appellate Court of Illinois, Fourth District.

Oct. 26, 1945.


Appeal from Circuit Court, Madison County; D. M. Mudge, Judge.

Suit by Philip H. Cohn against Fannie Cohn for divorce, wherein defendant counterclaimed for separate maintenance. From an adverse judgment, defendant appeals.

Affirmed.

[63 N.E.2d 619]

Jesse R. Brown, of Edwardsville, and Louis H. Beasley, of East St. Louis, for appellant.

McCawley Baird, of East St. Louis, and Mallory L. Burroughs, of Edwardsville, for appellee.


STONE, Presiding Justice.

On April 20, 1943, Philip H. Cohn, plaintiff-appellee, who will be designated hereinafter as plaintiff, filed suit for divorce in the Circuit Court of Madison County, against Fannie Cohn, defendant-appellant, who will be designated hereinafter as defendant, charging cruelty. Defendant filed a counterclaim for separate maintenance, and answer to the complaint. Hearing was had before the court, without a jury, on July 24, 1944, and a decree was entered thereafter granting plaintiff a divorce on the grounds of extreme and repeated cruelty, with no finding in the decree as to separate maintenance. By the terms of said decree, defendant was granted attorney fees and an allowance of one hundred twenty-five dollars a month. From this decree, defendant prosecutes her appeal to this court.

The record discloses that the parties were married in St. Louis, in 1918, and that three children were born of the marriage, who lived part of the time with plaintiff and at other times with defendant. Plaintiff and defendant had lived together in different hotels and homes, but for many years had not cohabited as husband and wife.

Plaintiff was in the real estate business, and in recent years had maintained an office in the Metropolitan Building in East St. Louis. In 1937 he bought a farm, just west of Collinsville, in Madison County, where he lived for more than five years, before the filing of the suit for divorce, and where defendant was actually living at the time of instituting the suit. Plaintiff testified to having been a resident of Collinsville, for 57 or 58 years. He left this farm home on January 12, 1943, to go to a hospital in East St. Louis, and upon leaving there seems to have temporarily taken up his abode with the father of defendant. It is alleged as one of the errors relief upon for reversal that the court erred in finding that plaintiff was an actual resident of Madison County, Illinois. The place of residence of a party in a divorce suit is a matter of intention and when a residence has once been obtained it is not lost by any temporary departure from that place, which remains the residence of the party, until he or she has acquired another residence, which does not mean merely a temporary abode. Tobias v. Tobias, 208 Ill.App. 539. This was a question of fact for the court, who found that plaintiff was an actual resident of Madison County, and we are not inclined to disturb that finding.

It is alleged that the court erred in admitting improper evidence offered on the part of plaintiff. The only ruling of the court on the matter of improper admission of evidence which was argued by counsel for defendant was with reference to certain leading questions asked the witness, Stephen Pronay, a witness called for the plaintiff. He was asked, ‘In other words, she bit him?’ Which was objected to by counsel for defendant and overruled. The Court then asked, ‘What did she do, if you saw it?’ And the witness answered: ‘I did see it. She bit...

To continue reading

Request your trial
6 practice notes
  • Green v. Green, Nos. 58227
    • United States
    • United States Appellate Court of Illinois
    • April 15, 1976
    ...or not a party has abandoned one residence in favor of another in a different jurisdiction is question of fact. (Cohn v. Cohn (1945), 327 Ill.App. 22, 63 N.E.2d 618.) As stated in the recent opinion in Davis v. Davis (1973), 9 Ill.App.3d 922, 926, 293 N.E.2d 399, 403, 'Affirmative acts of a......
  • People v. Price, No. 1-05-3782.
    • United States
    • United States Appellate Court of Illinois
    • July 27, 2007
    ...our attention are in election and divorce statutes. See Clark v. Quick, 377 Ill. 424, 426-27, 36 N.E.2d 563, 565 (1941); Cohn v. Cohn, 327 Ill.App. 22, 24, 63 N.E.2d 618, 619 (1945). We find no merit in distinguishing between terms used in statutes that are not in pari materia. We therefore......
  • Farah v. Farah, No. 59651
    • United States
    • United States Appellate Court of Illinois
    • January 6, 1975
    ...of the child but the mere fact, even of a lengthy absence under these circumstances, does not constitute abandonment. (See Cohn v. Cohn, 327 Ill.App. 22, 24, 63 N.E.2d 618.) This court dealt with a rather similar question in Davis v. Davis, 9 Ill.App.3d 922, 293 N.E.2d 399. We pointed out t......
  • Rosenshine v. Rosenshine, No. 76-1371
    • United States
    • United States Appellate Court of Illinois
    • May 16, 1978
    ...not be disturbed unless it is against the manifest weight of the evidence. Davis v. Davis; Cohn v. Cohn (4th Dist. 1945), 327 Ill.App.22, 63 N.E.2d 618. The totality of plaintiff's actions demonstrates that she and her family abandoned Page 136 [17 Ill.Dec. 946] residence in Illinois and es......
  • Request a trial to view additional results
6 cases
  • Green v. Green, Nos. 58227
    • United States
    • United States Appellate Court of Illinois
    • April 15, 1976
    ...or not a party has abandoned one residence in favor of another in a different jurisdiction is question of fact. (Cohn v. Cohn (1945), 327 Ill.App. 22, 63 N.E.2d 618.) As stated in the recent opinion in Davis v. Davis (1973), 9 Ill.App.3d 922, 926, 293 N.E.2d 399, 403, 'Affirmative acts of a......
  • People v. Price, No. 1-05-3782.
    • United States
    • United States Appellate Court of Illinois
    • July 27, 2007
    ...our attention are in election and divorce statutes. See Clark v. Quick, 377 Ill. 424, 426-27, 36 N.E.2d 563, 565 (1941); Cohn v. Cohn, 327 Ill.App. 22, 24, 63 N.E.2d 618, 619 (1945). We find no merit in distinguishing between terms used in statutes that are not in pari materia. We therefore......
  • Farah v. Farah, No. 59651
    • United States
    • United States Appellate Court of Illinois
    • January 6, 1975
    ...of the child but the mere fact, even of a lengthy absence under these circumstances, does not constitute abandonment. (See Cohn v. Cohn, 327 Ill.App. 22, 24, 63 N.E.2d 618.) This court dealt with a rather similar question in Davis v. Davis, 9 Ill.App.3d 922, 293 N.E.2d 399. We pointed out t......
  • Rosenshine v. Rosenshine, No. 76-1371
    • United States
    • United States Appellate Court of Illinois
    • May 16, 1978
    ...not be disturbed unless it is against the manifest weight of the evidence. Davis v. Davis; Cohn v. Cohn (4th Dist. 1945), 327 Ill.App.22, 63 N.E.2d 618. The totality of plaintiff's actions demonstrates that she and her family abandoned Page 136 [17 Ill.Dec. 946] residence in Illinois and es......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT