Opinion
Gen. No. 43,571. (Abstract of Decision.)
Opinion filed April 24, 1946 Released for publication May 10, 1946
DIVORCE, § 75 — when decree granting divorce for desertion was against manifest weight of evidence. In divorce action where plaintiff charged desertion, and it appeared that parties were asked to move from their flat by landlord, and that after defendant had located new quarters, plaintiff helped her move and then declined to live with her and consented to separation, held that plaintiff failed to prove that defendant wilfully deserted him without any reasonable cause and decree granting divorce was against manifest weight of evidence.
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.
Decree reversed and cause remanded with directions. Heard in the third division, first district, this court at the October term, 1945.
James J. Hajek, for appellant;
Brodkin Bieber, for appellee;
Irving W. Eiserman, of counsel.
Not to be published in full. Opinion filed April 24, 1946; released for publication May 10, 1946.