Opinion
Gen. No. 43,597. (Abstract of Decision.)
Opinion filed November 19, 1946 Released for publication December 3, 1946
DIVORCE, § 75 — when finding as to desertion was against manifest weight of evidence. Trial court's finding in divorce action that defendant was guilty of desertion was against manifest weight of evidence, where, testimony of defendant and her daughter was to effect that plaintiff, while intoxicated, was abusive to defendant and daughter and ordered them to leave, which they did at 1:30 on morning in question after defendant reminded plaintiff that he had put her out twice before and that she would not come back if he insisted on it, and plaintiff presented no evidence to rebut such testimony as to circumstances under which defendant left.
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. Heard in the second division, first district, this court at the December term, 1945.
Emmett M. McDonald and Earl Wilcox, for appellant;
Kamm, Griglik Kamm, for appellee;
Casimir Griglik, of counsel.
Not to be published in full. Opinion filed November 19, 1946; Released for publication December 3, 1946.