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Ahlstrand v. Ahlstrand

Appellate Court of Illinois, First District
Jun 28, 1946
329 Ill. App. 242 (Ill. App. Ct. 1946)

Summary

holding that resumption of cohabitation and marital relations by husband and wife after entry of decree for separate maintenance of wife automatically abrogates such decree and renders order therein for payment of alimony void

Summary of this case from Scott v. Scott

Opinion

Gen. No. 43,657. (Abstract of Decision.)

Opinion filed June 28, 1946 Released for publication July 13, 1946

HUSBAND AND WIFE, § 212resumption of marital relations as voiding separate maintenance decree. Where plaintiff filed petition for rule upon defendant to show cause why he should not be punished for contempt of court for failure to comply with decree for separate maintenance, and defendant's answer alleged that parties resumed marital relations after entry of decree which rendered decretal order null and void, held that by reason of confused nature of proceedings in trial court, cause should be remanded, and if court found defendant had proved allegations of his answer, decree would thereby become void.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. FRANK M. PADDEN, Judge, presiding.

Judgment reversed, and cause remanded with directions. Heard in the second division, first district, this court at the December term, 1945.

John D. Vosnos, for appellant;

John V. Clinnin and Samuel S. Brown, for appellee.


Not to be published in full. Opinion filed June 28, 1946; released for publication July 13, 1940.


Summaries of

Ahlstrand v. Ahlstrand

Appellate Court of Illinois, First District
Jun 28, 1946
329 Ill. App. 242 (Ill. App. Ct. 1946)

holding that resumption of cohabitation and marital relations by husband and wife after entry of decree for separate maintenance of wife automatically abrogates such decree and renders order therein for payment of alimony void

Summary of this case from Scott v. Scott
Case details for

Ahlstrand v. Ahlstrand

Case Details

Full title:Clara Mary Ahistrand, Appellee, v. Olaf Albin Ahlstrand, Appellant

Court:Appellate Court of Illinois, First District

Date published: Jun 28, 1946

Citations

329 Ill. App. 242 (Ill. App. Ct. 1946)
67 N.E.2d 605

Citing Cases

Scott v. Scott

See, e.g., Kennedy v. Kennedy, 650 So.2d 1362, 1367 (Miss. 1995) ("`Separate maintenance is a "court-created…