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HILLIARD v. HILLIARD

Gen. No. 47,871.

25 Ill. App.2d 468 (1960)

167 N.E.2d 451

Clyde Hilliard, Plaintiff-Appellee, v. Susanne Hilliard, Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

April 25, 1960.

Attorney(s) appearing for the Case

Healy, Newby, Barrett & Healy, of Chicago (James L. Fox, of counsel) for appellant.

Capelle H. Damrell, Arthur and Edward Goldblatt, and C.A. Caplow, of Chicago (C.A. Caplow and Arthur Goldblatt, of counsel) for appellee.

PRESIDING JUSTICE DEMPSEY delivered the opinion of the court.

This appeal is from a decree for divorce obtained by the husband several years after a decree for separate maintenance had been granted his wife. The question presented is: may a spouse who has been guilty of desertion for more than one year, and whose sincere attempts thereafter to effect a reconciliation have been repulsed, obtain a divorce upon the theory that

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