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HELLRUNG v. HELLRUNG
Appellate Court of Illinois.
Feb 24, 1947
DIVORCE, § 11 — statutory period of desertion as stayed only by bona fide divorce or separate maintenance litigation. In general, pendency of separate maintenance suit stops running of statutory period of desertion as does subsequent filing of suit for divorce, but such rule is qualified by statement that litigation of wife must be bona fide and brought in good faith, which is question of fact.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE WHEAT.
Not to be published in full. Opinion filed February 24, 1947; rehearing denied May 6, 1947; released for publication May 7, 1947.
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