CHRISTIAN v. CHRISTIAN, 320 Ill. App. 436 (1943)

51 N.E.2d 616

Gen. No. 42,658. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed November 4, 1943

DIVORCE, § 127[*] — error in not requiring husband to answer wife’s petition to vacate before trial order as to custody of minor children. Where husband sued his wife for divorce on ground of adultery and, on his before-trial motion, order giving him custody of couple’s minor children was entered, held that, under circumstances, it was error to deny wife’s petition to vacate order without requiring husband to answer petition and without affording wife opportunity to be heard on merits.

Appeal from the Circuit Court of Cook county; the Hon. THOMAS J. LYNCH, Judge, presiding.

Order reversed and cause remanded with directions. Heard in the second division, first district, this court at the April term, 1943.

Henry M. Tufo and Michael F. Zlatnik, for appellant;

Boyle, Morrissey Wagner, for appellee.

Opinion by PRESIDING JUSTICE FRIEND.

Not to be published in full. Opinion filed November 4, 1943.

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