Opinion
Gen. No. 42,450. (Abstract of Decision.)
Opinion filed June 30, 1943 Rehearing denied December 3, 1943
DIVORCE, § 38 — dismissal of suit as warranted where parties living together. Suit for divorce brought by husband against wife on ground of cruelty, wherein she counterclaimed upon the same ground, was dismissed upon the court's finding that the parties were living together in the same apartment, though in different rooms, and the decree was sustained upon consideration of the record.
See Callaghan's Illinois Digest, same topic and section number.
BURKE, P.J., dissents in part.
Appeal from the Superior Court of Cook County; the Hon. JOSEPH SABATH, Judge, presiding.
Affirmed. Heard in the third division, first district, this court at the October term, 1942.
Edward S. Cody, for appellant;
David A. Riskind, for appellee.
"Not to be published in full." Opinion filed June 30, 1943; rehearing denied December 3, 1943.