Categories: Illinois Appellate Court Opinions

PLUNKETT v. PLUNKETT, 304 Ill. App. 594 (1940)

26 N.E.2d 742

Mildred Plunkett, Appellee, v. Haldane M. Plunkett, Appellant.

Gen. No. 40,959. (Abstract of Decision.)Appellate Court of Illinois, First District.
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 sectionnumber.

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.

Opinion by JUSTICE HEBEL.

“Not to be published in full.” Opinion filed April 10, 1940.

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