Rohn v. Rohn, 185 Ill. App. 594 (1914)

March 31, 1914 · Illinois Appellate Court · Gen. No. 19,335
185 Ill. App. 594

Bertha Rohn, Appellee, v. Robert F. Rohn, Appellant.

Gen. No. 19,335.

(Not to be reported in full.)

Abstract of the Decision.

1. Divorce, § 141 * —when allowance of temporary alimony and solicitor’s fees authorized by defendant’s answer. Allowance of five dollars per week for temporary alimony and twenty-five dollars for solicitor’s fees, held authorized by defendant’s answer, without any testimony, where his answer showed he owned a lot worth two hundred dollars and received five hundred dollars a year to attend to his mother’s investments, it not appearing that it took all his time or that he had any one but his wife to support.

2. Appeal and error, § 726 * —when order for temporary alimony and solicitor’s fees sustained by answer in absence of preservation of testimony. Allowance of five dollars per week for temporary alimony and twenty-five dollars for solicitor’s fees, held authorized by defendant’s answer, though the testimony was not preserved in the record.

3. Appeal and error, § 1170 * —moot questions. On appeal from an order allowing temporary alimony and solicitor’s fees, where it *595appears from the record that a final decree has been entered reserving to the court for future consideration the question of alimony and solicitor’s fees, held that the question presented was largely a moot question.

*594Appeal from the Circuit Court of Cook county; the Hon. Edward M. Mangan, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1913.

Affirmed.

Opinion filed March 31, 1914.

Statement of the Case.

Bill by Bertha Bohn against Bohert Bolin for divorce on the ground of impotency of defendant. From an order for temporary alimony and solicitor’s fees based on the pleadings and testimony of defendant, defendant appeals.

Albert Wesley Gottschalk, for appellant.

Frank S. Bigheimer, for appellee.

Mr. Justice Barnes

delivered the opinion of the court.