Opinion
Gen. No. 40,959. (Abstract of Decision.)
Opinion filed April 10, 1940
DIVORCE, § 17 — desertion, computation of time while separate maintenance action pending. Where complaint for separate maintenance was filed two days after the parties separated, and a year later the complaint was amended to ask for divorce on ground of desertion, the time during which separate maintenance was pending would have to be deducted in computing period of desertion, so that the period fell far short of statutory requirement and lower court should have dismissed bill for want of equity.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. OSCAR F. NELSON, presiding.
Reversed and remanded with directions. Heard in third division, first district, this court at October term, 1939.
Nicholas A. Socrates, for appellant;
William J. Popper, for appellee.
"Not to be published in full." Opinion filed April 10, 1940.