Durrell v. Durrell, 211 Ill. App. 281 (1918)

May 14, 1918 · Illinois Appellate Court · Gen. No. 23,570
211 Ill. App. 281
Earline Durrell, Plaintiff in Error, v. Robert T. Durrell, Defendant in Error

Earline Durrell, Plaintiff in Error, v. Robert T. Durrell, Defendant in Error.

Gen. No. 23,570.

(Not to be reported in full.)

Error to the Circuit Court of Cook county; the Hon. Charles M. Thomson, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.

Affirmed.

Opinion filed May 14, 1918.

Statement of the Case.

Petition by Earline Durrell, plaintiff, against Robert T. Durrell, defendant, for restoration of a decree for alimony. From a decree dismissing the petition for want of equity, plaintiff brings error.

P. J. O’Shea, for plaintiff in error.

McCulloch & McCulloch, for defendant in error; Bertram W. Rosenstone, of counsel.

Mr. Justice McDonald

delivered the opinion of the court.

*282Abstract of the Decision.

1. Divorce, § 134 * — what is ground for discontinuance of alimony. A decree for the payment of alimony is properly changed so as to discontinue further monthly instalments where it appears that the wife is leading a life of prostitution.

2. Divorce, § 134* — when validity of order discontinuing alimony may not he questioned. A wife who consents in writing to an order of court discontinuing payment. of future monthly instalments of alimony is precluded from questioning the validity of such order.