Opinion
Gen. No. 41,175. (Abstract of Decision.)
Opinion filed November 26, 1940
DIVORCE, § 77 — cruelty, evidence. Chancellor properly found that plaintiff did not establish cruelty justifying divorce, but that defendant on her counterclaim was entitled to separate maintenance, where several witnesses long acquainted with the family and both daughters testified that defendant had never struck her husband as charged, but there was evidence that altercations had arisen because of an affair plaintiff conducted with another woman over a period of years, and $31 a week for alimony and support of younger child was proper, where plaintiff had an income of $65 a week, in addition to daily expenses.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. ROBERT C. O'CONNELL, presiding.
Affirmed. Heard in second division, first district, this court at April term, 1940.
Irving Eisenman, for appellant;
Irving Eisenman and Hugh E. Johnson, of counsel;
Joseph Dubovik and Julius H. Selinger, for appellee.
"Not to be published in full." Opinion filed November 26, 1940.