Categories: Illinois Appellate Court Opinions

BRYK v. BRYK, 329 Ill. App. 533 (1946)

69 N.E.2d 737

Esther A. Bryk, Appellant, v. John A. Bryk, Appellee.

Gen. No. 43,776. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed November 18, 1946 Released for publication December 4, 1946

DIVORCE, § 68[*] — words of defendant as admissible in divorce action charging extreme and repeated cruelty. In divorce action charging defendant with extreme and repeated cruelty, court erred in excluding plaintiff’s evidence as to what defendant said on day of separation, and in confining evidence to physical sets of cruelty, for reason that defendant’s words, although they would not amount to extreme cruelty, were admissible in evidence to characterize his conduct on occasion in question.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from the Superior Court of Cook county; the Hon. PETER H. SCHWABA, Judge, presiding.

Reversed and remanded. Heard in the

Page 534

first division, first district, this court at the October term, 1946.

R.W. Scherman, for appellant;

Blech Herson, for appellee.

Opinion by PRESIDING JUSTICE O’CONNOR.

Not to be published in full. Opinion filed November 18, 1946; released for publication December 4, 1946.

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