Edlund v. Edlund, 209 Ill. App. 312 (1918)

Jan. 28, 1918 · Illinois Appellate Court · Gen. No. 23,508
209 Ill. App. 312

Geraldine B. Edlund, Defendant in Error, v. Arthur E. Edlund, Plaintiff in Error.

Gen. No. 23,508. (Not to be reported in full.)

Error to the Circuit Court of Cook county; the Hon. Charles M. Thomson, Judge, presiding.

Heard in this court at the October term, 1917.

Affirmed in part, reversed in part and remanded.

Opinion filed January 28, 1918.

Statement of the Case.

Bill by Geraldine B. Edlund, complainant, against Arthur E-. Edlund, defendant, for divorce on the ground of extreme and repeated cruelty. From a decree for complainant, defendant brings error.

Farlih H. Ball and G. A. Buresh, for plaintiff in error.

Litziugeb, Healy & Reid, for defendant in error.

*313Abstract of the Decision.

1. Divorce, § 75 * —when decree for divorce reversed. Where a decree adjudging defendant to pay certain permanent alimony and solicitor’s fee made no specific finding of facts upon which such decree was based and the evidence introduced at the trial was not preserved hy complainant by a certificate of evidence or otherwise, held that the decree must he reversed.

2. Equity, § 547*-—who must preserve evidence on which decree based. The party in whose favor a decree in chancery is rendered has the legal duty of preserving in some manner the evidence upon which it was based, hy a certificate of evidence or otherwise.

3. Divorce, § 75*—when order for temporary alimony reversed. An order for temporary alimony based upon several affidavits not made a part of the record by signing of a certificate of evidence and otherwise without support in the record should be reversed.

Mr. Justice Dever

delivered the opinion of the court.