Opinion
Gen. No. 9,533. (Abstract of Decision.)
Opinion filed February 24, 1947 Rehearing denied May 6, 1947 Released for publication May 7, 1947
DIVORCE, § 11 — statutory period of desertion as stayed only by bona fide divorce or separate maintenance litigation. In general, pendency of separate maintenance suit stops running of statutory period of desertion as does subsequent filing of suit for divorce, but such rule is qualified by statement that litigation of wife must be bona fide and brought in good faith, which is question of fact.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Montgomery county; the Hon. WARD P. HOLT, Judge, presiding.
Affirmed. Heard in this court at the February term, 1947.
J.D. Wilson and Kinder Dey, for appellant;
DuHadway Suddes and Omer Poos, for appellee.
Not to be published in full. Opinion filed February 24, 1947; rehearing denied May 6, 1947; released for publication May 7, 1947.