Heizer v. Heizer, 204 Ill. App. 200 (1917)

Feb. 19, 1917 · Illinois Appellate Court · Gen. No. 22,620
204 Ill. App. 200

Alma Heizer, Defendant in Error, v. John W. Heizer, Plaintiff in Error.

Gen. No. 22,620.

(Not to be reported in full.)

Error to the Circuit Court of Cook county; the Hon. Lockwood Honore, Judge, presiding. Heard in this court at the October term, 1916.

Reversed.

Opinion filed February 19, 1917.

Statement of the Case.

Suit by Alma, Heizer, complainant, against John W. Heizer, defendant, for divorce. From a decree fixing at $2,862.07 the amount of alimony due under the original decree granting a divorce and certain alimony, defendant brings error.

G. A. Buresh, for plaintiff in error; Otto Wadewitz, of counsel.

Otto Schusterman and F. A. Woodbury, for defendant in error.

*201Abstract of the Decision.

Divorce, § 106 * —when decree for alimony is too indefinite. A decree directing the payment as alimony in a suit for divorce of one-half of the husband’s weekly earnings, after deducting his car fare, labor union dues, life insurance and such other expenses as were necessarily connected with his - employment, held erroneous as being too indefinite and uncertain in amount to he enforceable, and the court had no jurisdiction to enter a subsequent order attempting to enforce it.

Mr. Justice Dever

delivered the opinion of the court.