Opinion
Gen. No. 42,781. (Abstract of Decision.)
Opinion filed December 13, 1944 Rehearing denied January 3, 1945 Released for publication January 4, 1945
HUSBAND AND WIFE, § 213.2 — wife's right to support prior to mandate on reversal of denial of her right to separate maintenance. Where Appellate Court reversed trial court's decree denying wife right to separate maintenance; trial court entered decree for separate maintenance beginning with date of Appellate Court's mandate; such mandate clearly directed that allowance should commence on date of wife's petition, and trial court, in entering its decree, reserved jurisdiction for purpose of determining wife's request for support prior to date of Appellate Court's mandate but later denied such request, held that wife did not, by accepting benefits under trial court's decree, prejudice her right, on theory of release of errors, to appeal from trial court's order, denying her request for support from date of her petition, and had right to complain of error in such order.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOSEPH SABATH, Judge, presiding. Reversed and remanded with directions. Heard in the third division, first district, this court at the October term, 1943.
George A. Curran, for appellant;
W.H. Meyer, of counsel.
Benjamin B. Davis and Ode L. Rankin, for appellee.
Not to be published in full. Opinion filed December 13, 1944; rehearing denied January 3, 1945; released for publication January 4, 1945.