Opinion
Gen. No. 10,242. (Abstract of Decision.)
Opinion filed October 14, 1948 Rehearing opinion filed July 7, 1949 Rehearing denied August 11, 1949 Released for publication August 15, 1949
DIVORCE, § 46 — when "separation by agreement" not defense. Husband's failure to make any objections when wife went home with her sister did not indicate a "separation by agreement," so as to preclude husband from obtaining a divorce for wilful desertion, where husband did not know that wife intended a permanent separation when she went to her sister's home.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Kankakee county; the Hon. C.D. HENRY, Judge, presiding.
Decree affirmed. Heard in this court at the February term, 1949.
Samuel H. Shapiro and Lederer, Livingston, Kahn Adsit, for appellant;
Leo H. Arnstein and Richard C. Bleloch, of counsel;
Donald D. Zeglis, Ehrlich Cohn, and Eva L. Minor, for appellee.
Not to be published in full. Opinion filed October 14, 1948; rehearing opinion filed July 7, 1949; rehearing denied August 11, 1949; released for publication August 15, 1949.