Dixon v. Dixon

• Decision Date: 30 September 1871
• Citation: 1871 WL 8260,61 Ill. 324
• Parties: JOHN R. DIXONv.LIZZIE DIXON.
• Court: Illinois Supreme Court

61 Ill. 324

1871 WL 8260 (Ill.)

JOHN R. DIXON

v.LIZZIE DIXON.

Supreme Court of Illinois.

September Term, 1871.

WRIT OF ERROR to the Court of Common Pleas of the city of Amboy; the Hon. ALONZO KINYON, Judge, presiding. This was a bill for a divorce, filed September 13, 1870, in the court of common pleas of the city of Amboy, in Lee county, by Lizzie Dixon against John R. Dixon.

The defendant filed the following plea to the jurisdiction of the court:

“State of Illinois, Lee county, city of Amboy, ss. In the court of common pleas of the city of Amboy, September 10, A. D. 1870, Lizzie Dixon v. John R. Dixon. In chancery. The plea of John R. Dixon, defendant, to the bill of complaint of Lizzie Dixon, complainant. This defendant, by protestation, not confessing or acknowledging all or any of the matters and things in said complainant's bill of complaint mentioned or contained, to be true in such sort, manner and form as the same are therein set forth and alleged, for the plea to the whole of said bill says that the court here ought not to take, nor will take, cognizance of the cause aforesaid because he, the said John R. Dixon, says that the said city of Amboy, where the complainant by her said bill shows that she resides, is situated in the county of Lee and State of Illinois; that this defendant, at the time of the commencement of this suit, did not, has not since, does not now, and never did reside in the city of Amboy, but is, and at the time of the commencement of said cause, and at the time of the service of process herein, a resident in the city of Dixon, in said Lee county, and that service of process herein was actually had on him at said city of Dixon and outside of said city of Amboy; that within the said Lee county there is, and at the time of the exhibition of said bill, and long before that time, there was, a circuit court of said Lee county having jurisdiction of matters of the sort and nature in said bill alleged, and having jurisdiction over the person of said complainant and this defendant, and at the time of the exhibition of said bill all said several matters therein contained were, and of right ought to be, pleaded and pleadable within the said circuit court of said Lee county and not in this court; all which matters and things this defendant is ready to verify, wherefore since the said circuit court of Lee county has exclusive original jurisdiction of the said cause, the said defendant prays judgment if the said co...