Opinion
Gen. No. 42,854. (Abstract of Decisions.)
Opinion filed November 7, 1945 Released for publication November 27, 1945
DIVORCE, § 218 — statute of limitations applicable to alimony decrees. Where claim for accrued alimony was made against estate of deceased person, it appearing that divorce decree provided for weekly support payments, that first payment was promissory note given eleven years after decree, and that defendants, who were executors under will, contended plaintiff's delay in enforcing provisions of decree constituted laches, held that plaintiff's claim should be allowed since decree for alimony is money decree and continuing order and 20 year statute of limitations applicable to judgments applies (Ill. Rev. Stat. 1943, ch. 83, par. 24b; Jones Ill. Stats. Ann. 107.284(2).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. PHILIP J. FINNEGAN, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the October term, 1943.
Levinson, Becker, Peebles Swiren, for appellants;
Don M. Peebles, of counsel;
Lewis C. Coyner, for appellee.
Not to be published in full. Opinion filed November 7, 1945; released for publication November 27, 1945.