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Christian v. Christian

Appellate Court of Illinois, First District
Nov 4, 1943
320 Ill. App. 436 (Ill. App. Ct. 1943)

Opinion

Gen. No. 42,658. (Abstract of Decision.)

Opinion filed November 4, 1943

DIVORCE, § 127error in not requiring husband to answer wife's petition to vacate before trial order as to custody of minor children. Where husband sued his wife for divorce on ground of adultery and, on his before-trial motion, order giving him custody of couple's minor children was entered, held that, under circumstances, it was error to deny wife's petition to vacate order without requiring husband to answer petition and without affording wife opportunity to be heard on merits.

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

Appeal from the Circuit Court of Cook county; the Hon. THOMAS J. LYNCH, Judge, presiding.

Order reversed and cause remanded with directions. Heard in the second division, first district, this court at the April term, 1943.

Henry M. Tufo and Michael F. Zlatnik, for appellant;

Boyle, Morrissey Wagner, for appellee.


Not to be published in full. Opinion filed November 4, 1943.


Summaries of

Christian v. Christian

Appellate Court of Illinois, First District
Nov 4, 1943
320 Ill. App. 436 (Ill. App. Ct. 1943)
Case details for

Christian v. Christian

Case Details

Full title:Peter Christian, Appellee, v. Virginia Mae Christian, Appellant

Court:Appellate Court of Illinois, First District

Date published: Nov 4, 1943

Citations

320 Ill. App. 436 (Ill. App. Ct. 1943)
51 N.E.2d 616