Opinion
Gen. No. 43,511. (Abstract of Decisions.)
Opinion filed January 7, 1946 Released for publication January 21, 1946
HUSBAND AND WIFE, § 206 — granting of relief not prayed for as error. Where defendant filed amended counter complaint asking for decree for separate maintenance rather than decree of divorce as requested in original counter complaint, and decree of court granted defendant divorce, held that it was error to grant relief not prayed for and decree should be reversed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. WILLIAM J. LINDSAY, Judge, presiding.
Reversed and remanded with directions. Heard in the first division, first district, this court at the October term, 1945.
John P. Loughnane and Cliester D. Kern, for appellant;
No appearance for appellee.
Not to be published in full. Opinion filed January 7, 1946; released for publication January 21, 1946.