HUSCHEN v. HUSCHEN, 338 Ill. App. 198 (1949)

86 N.E.2d 836

Gen. No. 9,654. (Abstract of Decision.)Appellate Court of Illinois.
Opinion filed June 17, 1949 Released for publication July 13, 1949

DIVORCE, § 103[*] — diligence entitling wife to decree’s vacation on motion. Where wife, as defendant in divorce suit, retained counsel and tried to keep herself informed as to progress of case, and decree for husband was entered on January 9 when case was set for hearing on merits, wife not then being present in person or by attorney, and wife retained other counsel on January 26 and filed motion to vacate decree

Page 199

on January 31, motion should have been allowed, since it is preferable that divorce cases be heard upon their merits and wife had exercised “diligence.”

Appeal from the Circuit Court of Tazewell county; the Hon. JOHN T. CULBERTSON, JR., Judge, presiding.

Reversed and remanded with directions. Heard in this court in vacation after May term, 1949.

Dwight H. Doss and Leo F. Cavanaugh, for appellant;

Walter G. Cunningham and Dunkelberg Rust, for appellee.

Opinion by JUSTICE WHEAT.

Not to be published in full. Opinion filed June 17, 1949; released for publication July 13, 1949.