Opinion
Gen. No. 41,464. (Abstract of Decision.)
Opinion filed March 11, 1941
DIVORCE, § 149 — property division and cost of defending appeal. Where plaintiff was granted divorce and court ordered husband to transfer to wife his interest in property held in joint tenancy, an appeal bond operated as a supersedeas, and supreme court held that court erred in compelling the property transfer, it was error for lower court to order husband who was living in the house to pay rent to the wife, and since the appeal pertained only to that portion of the original order dealing with the property, and the parties were no longer husband and wife, it was error to make defendant pay plaintiff's expenses for defending the Supreme Court appeal.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. GEORGE F. RUSH, presiding.
That part of the order dated July 1, 1940, as to payment of rent and payment to plaintiff of $250, reversed. Heard in second division, first district, this court at October term, 1940.
Freeman Freeman, for appellant; Earl Freeman, of counsel.
Joseph H. Norman Becker and Ralph Rundell, for appellee; Ralph Rundell, of counsel.
"Not to be published in full." Opinion filed March 11, 1941.