DIVORCE, § 74 — adultery, sufficiency of evidence. Where original complaint of wife sought separate maintenance, but was amended to seek divorce for adultery committed while suit was pending, amended complaint sustained divorce decree, motion in nature of demurrer under section 45 of the Civil Practice Act was waived by pleading over, evidence sufficiently established adultery, condonation was not pleaded, but even if it existed it was erased by repetition of the offense, and special circumstances justified court in compelling husband to convey apartment property to wife.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE MATCHETT.
"Not to be published in full." Opinion filed May 19, 1941; rehearing denied June 4, 1941.