Opinion
Gen. No. 9,504. (Abstract of Decision.)
Opinion filed May 28, 1946 Released for publication June 24, 1946
DIVORCE, § 75 — when pendency of suit not filed in good faith did not toll one year period of desertion. Where plaintiff filed complaint for separate maintenance based on desertion about one month after separation occurred, and defendant later filed amended counterclaim asking divorce on grounds of desertion and contended that running of one year period of desertion was not tolled by pendency of plaintiff's suit because same was not filed in good faith, and it appeared from evidence that separation was plaintiff's fault rather than defendant's and that plaintiff persisted in living apart from her husband, held that plaintiff had not shown such good faith as to toll one year period of desertion provided by law (Ill. Rev. Stat. 1945, ch. 40, par. 1; Jones Ill. State. Ann. 109.169).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Macon county; the Hon. MARTIN E. MORTHLAND, Judge, presiding.
Affirmed in part, reversed in part and remanded with directions. Heard in this court at the May term, 1946.
Carl R. Miller, for appellant;
J. William Record, of counsel;
No appearance for appellee.
Not to be published in full. Opinion filed May 28, 1946; released for publication June 24, 1946.