Opinion
Gen. No. 41,879. (Abstract of Decision.)
Opinion filed June 16, 1943
ATTORNEYS AND COUNSELLORS, § 118 — when wife not personally liable for legal services rendered in separate maintenance proceeding. Where wife employed petitioner to represent her in separate maintenance proceeding with express understanding that the only attorney's fees he should be entitled to receive therein would be such as she would be able to procure for petitioner from her husband, wife was not personally liable for any legal services rendered by petitioner in such proceeding, nor did petitioner have any valid claim against wife for services alleged to have been rendered by him in separate maintenance proceeding subsequent to entry of decree therein, nor did petitioner have any right to proceed against wife in subsequent divorce proceeding brought by her for purpose of enforcing payment of said purported claim, and trial court in divorce proceeding had no jurisdiction to pass upon such claim, and hence trial court erred in decreeing that wife pay petitioner for such legal services claimed to have been rendered.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN F. HAAS, Judge, presiding.
Affirmed in part, reversed in part, and remanded with directions. Heard in the second division, first district, this court at the October term, 1941.
Bates Conner, for appellant;
Alva L. Bates, of counsel;
Henry C. Ferguson, for appellee.
"Not to be published in full." Opinion filed June 16, 1943.