Opinion
Gen. No. 44,226. (Abstract of Decision.)
Opinion filed February 4, 1948 Released for publication February 20, 1948
DIVORCE, § 92 — insufficiency of instructions as to extreme and repeated cruelty. In wife's action for divorce on ground of extreme and repeated cruelty, defendant's erroneous instructions on preponderance of evidence, which were confusing to jury and failed to define what cause or provocation by plaintiff would justify defendant's alleged acts of cruelty, together with other erroneous and misleading instructions, required new trial.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. WALTER R. O'MALLEY, Judge, presiding.
Decree reversed and cause remanded for a new trial. Heard in the third division, first district, this court at the October term, 1947.
McKinley Price, for appellant;
William McKinley and Paul E. Price, of counsel;
No appearance for appellee.
Not to be published in full. Opinion filed February 4, 1948; released for publication February 20, 1948.