Summary
In Galter, however, the trial court heard evidence on both the claim and the counterclaim during the trial of the case in chief and in fact it ruled on the merits of the counterclaim finding it to be unfounded and unwarranted.
Summary of this case from Western Land Corp. v. LichtensteinOpinion
Gen. No. 42,553. (Abstract of Decision.)
Opinion filed May 29, 1944 Rehearing denied June 12, 1944
DIVORCE, § 74 — insufficiency of evidence to establish adultery on part of husband. In suit for divorce, held that evidence, which was purely circumstantial, was insufficient to sustain trial court's finding that husband had been guilty of adultery.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. GEORGE F. RUSH, Judge, presiding.
Reversed in part, affirmed in part and remanded with directions. Heard in the first division, first district, this court at the February term, 1943.
Pines, Stein Lipton, for appellant;
Alvin E. Stein, of counsel;
Ehrlich Cohn, for appellee;
Aaron H. Cohn, of counsel.
Not to be published in full. Opinion filed May 29, 1944; rehearing denied June 12, 1944.