Coan v. Coan, 190 Ill. App. 633 (1914)

Nov. 10, 1914 · Illinois Appellate Court · Gen. No. 19,966
190 Ill. App. 633

Sarah A. Coan, Appellant, v. Michael J. Coan, Appellee.

Gen. No. 19,966.

(Not to he reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Edwabd M. Mangan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.

Affirmed.

Opinion filed November 10, 1914.

Rehearing denied December 1, 1914.

*634Abstract of the Decision.

Appeal and ereob, § 1395 * —when chancellor’s findings conclusive. Where the evidence is conflicting, findings of a chancellor have the force and effect of a verdict, and such verdict will not be disturbed or set aside unless palpably against the weight of the evidence.

Statement of the Case.

Bill for separate maintenance by Sarah A. Goan against Michael J. Goan, charging extreme and repeated cruelty and praying for the custody of two of their three male children. The defendant denied the charges of cruelty and alleged that the complainant had been guilty of habitual drunkenness for more than two years, that she was not a fit person to have the custody of the children, and praying for a divorce and custody of the children. In her cross-bill the complainant denied the defendant’s charges. The cause was heard before a chancellor and the court entered a decree in favor of the defendant, dismissing the complainant’s bill for want of equity, dissolving the bonds of matrimony, giving defendant the custody of the children and requiring him to pay $12 per month as alimony to Mrs. M. J. Walsh for the benefit of complainant, and also to pay $35 as solicitor’s fees to complainant. A petition to vacate the decree was filed and denied, and defendant appealed.

Effie Seeds Wellner, for appellant.

No appearance for appellee.

Mr. Justice Gridley

delivered the opinion of the court.