Roe v. Roe, No. 16101.

CourtSupreme Court of Illinois
Writing for the CourtFARMER
Citation145 N.E. 804,315 Ill. 120
Decision Date16 December 1924
Docket NumberNo. 16101.
PartiesROE v. ROE et al.

315 Ill. 120
145 N.E. 804

ROE
v.
ROE et al.

No. 16101.

Supreme Court of Illinois.

Dec. 16, 1924.


Error to Appellate Court, Third District, on Appeal from Circuit Court, Edgar County; Augustus A. Partlow, Judge.

Action by Delia Roe against Sarah E. Roe and husband. Judgment for plaintiff was affirmed by the Appellate Court, and defendants bring certiorari.

Affirmed.


[315 Ill. 120]O'Hair & McClain, of Paris, and George B. Gillespie, of Springfield (George M. Gillespie and Thomas E. Gillespie, both of Springfield, of counsel), for plaintiffs in error.

Stewart W. Kincaid, of Paris, and James G. Allen, of Decatur, for defendant in error.


[315 Ill. 121]FARMER, J.

This is an action by Delia Roe against Sarah E. and William R. Roe, for damages. The parties will be referred to as plaintiff and defendants. Defendants are mother and father of plaintiff's husband, Fred Roe, to whom she was married November 1, 1919. The first two counts of the amended declaration charge defendants maliciously and wantonly assaulted and struck plaintiff, and also threw her with great force and violence against the wheel of a cultivator. The third and fourth counts charge defendants wrongfully and maliciously, by divers means, alienated the affections of plaintiff's husband and caused their separation. The case was tried by jury, and plaintiff had judgment for $4,500. Defendants appealed to the Appellate Court, and that court affirmed the judgment. The petition of defendants for certiorari was granted by this court, and the record is brought here for review.

It is agrued by defendants that the verdict and judgment were contrary to the preponderance of the evidence, and that the Appellate Court erred in not reversing the judgment with a finding of facts. Such action of the Appellate Court could only be justified where there was no legitimate evidence tending to prove the cause of action. Mirich v. Forschner Contracting Co., 312 Ill. 343, 143 N. E. 846. It is undeniable that plaintiff's proof tended to support the cause of action. It is true the evidence was conflicting, but it was for the jury to determine its weight and credibility, and in such a case, where the judgment is affirmed by the Appellate Court, this court cannot reverse the judgment of the Appellate Court, if we should be of opinion it was not supported by a preponderance of the evidence. Scovill Manf. Co. v. Cassidy, 275 Ill. 462, 114 N. E. 181, Ann. Cas. 1918E, 602, and cases cited. We shall not enter upon the useless...

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4 practice notes
  • Woodhouse v. Woodhouse
    • United States
    • Vermont United States State Supreme Court of Vermont
    • October 7, 1925
    ...556, 79 N. E. 762, 9 L. R. A. (N. S.) 322, 9 Ann. Cas. 958, where the prior decisions are collected. For additional cases, see Roe v. Roe, 315 Ill. 120, 145 N. E. 804; 13 R. C. L. 1471, § 522; notes 9 L. R. A. (N. S.) 322; 46 L. R. A. (N. S.) 465; Ann. Cas. 1917E, While the law recognizes a......
  • Lowe v. Huckins, No. 22138.
    • United States
    • Supreme Court of Illinois
    • June 6, 1934
    ...of fact by the Appellate Court in all actions at law is binding upon this court on certiorari, appeal, and writ of error. Roe v. Roe, 315 Ill. 120, 145 N. E. 804;Brown v. Illinois Terminal Co., 319 Ill. 326, 150 N. E. 242. The judgment of the Appellate Court affirming the judgment of the tr......
  • Quagliano v. Johnson, Gen. No. 68--2
    • United States
    • United States Appellate Court of Illinois
    • October 23, 1968
    ...those affections to depart; and third, that actual damage was sustained by the plaintiff as a result of the alienation. (Roe v. Roe, 315 Ill. 120, 122, 145 N.E. 804; Farrier v. Farrier, 46 Ill.App.2d 471, 474, 197 N.E.2d 163). Here, at the conclusion of the evidence, plaintiff submitted eac......
  • Coddington v. Bevan, No. 16161.
    • United States
    • Supreme Court of Illinois
    • December 16, 1924
    ...$800 absolutely and $5,000 in trust, and the father said his reason for taking only that amount in trust was that he wanted to encourage [145 N.E. 804]the son by letting him have $5,000. The authorities above cited, and many others, permit a valid trust in personal property to be created by......
4 cases
  • Woodhouse v. Woodhouse
    • United States
    • Vermont United States State Supreme Court of Vermont
    • October 7, 1925
    ...556, 79 N. E. 762, 9 L. R. A. (N. S.) 322, 9 Ann. Cas. 958, where the prior decisions are collected. For additional cases, see Roe v. Roe, 315 Ill. 120, 145 N. E. 804; 13 R. C. L. 1471, § 522; notes 9 L. R. A. (N. S.) 322; 46 L. R. A. (N. S.) 465; Ann. Cas. 1917E, While the law recognizes a......
  • Lowe v. Huckins, No. 22138.
    • United States
    • Supreme Court of Illinois
    • June 6, 1934
    ...of fact by the Appellate Court in all actions at law is binding upon this court on certiorari, appeal, and writ of error. Roe v. Roe, 315 Ill. 120, 145 N. E. 804;Brown v. Illinois Terminal Co., 319 Ill. 326, 150 N. E. 242. The judgment of the Appellate Court affirming the judgment of the tr......
  • Quagliano v. Johnson, Gen. No. 68--2
    • United States
    • United States Appellate Court of Illinois
    • October 23, 1968
    ...those affections to depart; and third, that actual damage was sustained by the plaintiff as a result of the alienation. (Roe v. Roe, 315 Ill. 120, 122, 145 N.E. 804; Farrier v. Farrier, 46 Ill.App.2d 471, 474, 197 N.E.2d 163). Here, at the conclusion of the evidence, plaintiff submitted eac......
  • Coddington v. Bevan, No. 16161.
    • United States
    • Supreme Court of Illinois
    • December 16, 1924
    ...$800 absolutely and $5,000 in trust, and the father said his reason for taking only that amount in trust was that he wanted to encourage [145 N.E. 804]the son by letting him have $5,000. The authorities above cited, and many others, permit a valid trust in personal property to be created by......

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