Opinion
Gen. No. 43,719. (Abstract of Decision.)
Opinion filed May 20, 1947 Released for publication June 9, 1947
HUSBAND AND WIFE, § 213 — separate maintenance decree awarding attorneys' fees, jurisdiction to modify. Order denying husband's petition to modify separate maintenance decree with respect to terms of payment of attorneys' fees became final where no subsequent petition nor motion to vacate or modify was filed or made, and consequently after lapse of thirty days court was without jurisdiction to modify decree as to terms of payment by order nunc pro tunc or otherwise, especially where prior thereto husband had filed notice of appeal from decree (Ill. Rev. Stat. 1945, ch. 110, par. 200, subpar. (2); Jones Ill. Stats. Ann. 104.076, subpar. (2).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. PETER H. SCHWABA, Judge, presiding.
Order reversed in part and cause remanded with directions. Heard in the second division, first district, this court at the April term, 1946.
Teed Johnson, for appellant;
Hugh E. Johnson, of counsel;
No appearance for appellee.
Not to be published in full. Opinion filed May 20, 1947; released for publication June 9, 1947.