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Burke v. Burke

Appellate Court of Illinois, First District
Dec 23, 1940
307 Ill. App. 541 (Ill. App. Ct. 1940)

Opinion

Gen. No. 41,281. (Abstract of Decision.)

Opinion filed December 23, 1940 Rehearing denied January 6, 1941

PARENT AND CHILD, § 2custody, jurisdiction of equity in absence of divorce suit. Where husband sought to enjoin his wife from taking their minor child from Illinois to California and there obtaining divorce on grounds not recognized in Illinois and custody of child, which suit he could not defend in California because of his financial circumstances, and court then entered order by agreement of both parties dividing the custody of the child, in subsequent contempt proceedings against wife it was held that the court lacked jurisdiction to enter the original order, because equity had no jurisdiction to adjudicate custody of child between husband and wife except as an incident to a divorce suit.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. GEORGE F. RUSH, presiding.

Reversed. Heard in first division, first district, this court at June term, 1940.

Guy M. Blake, for appellant;

Robert E. Cantwell, Jr., for appellee.


"Not to be published in full." Opinion filed December 23, 1940; rehearing denied January 6, 1941.


Summaries of

Burke v. Burke

Appellate Court of Illinois, First District
Dec 23, 1940
307 Ill. App. 541 (Ill. App. Ct. 1940)
Case details for

Burke v. Burke

Case Details

Full title:Fulton E. Burke, Appellee, v. Margaret Lee Burke, Appellant

Court:Appellate Court of Illinois, First District

Date published: Dec 23, 1940

Citations

307 Ill. App. 541 (Ill. App. Ct. 1940)
30 N.E.2d 794