Appeal from the Circuit Court of Lake county; the Hon. BERNARD
M. DECKER, Judge, presiding. Reversed and remanded.
JUSTICE SOLFISBURG DELIVERED THE OPINION OF THE COURT.
This is a suit for divorce. Plaintiff filed his complaint alleging the residence of the plaintiff and defendant, that they were married at Monticello, Georgia, on November 6, 1934, and lived and co-habited together until March 1, 1956, that two children were born to the parties, that plaintiff had at all times been a good, true and virtuous husband, and "that defendant, Lois B. Morrow, has been guilty of continual and habitual use of intoxicating beverages for a period of at least two years prior to the time of the commencement of this cause." Plaintiff prayed for a divorce, for custody of the children and such relief as the court deemed proper. Defendant filed an answer to the complaint denying the material allegations therein, and alleging by way of affirmative defense recrimination, condonation, extreme and repeated cruelty, and habitual drunkenness on the part of plaintiff. The cause came on for hearing before a judge and jury. The record in this court does not reveal the nature or content of the instructions which were given to the jury. Considerable testimony was received in evidence, following which the jury returned a verdict: "We, the Jury, find the issues in favor of the plaintiff and against the defendant." Thereupon the trial judge entered a decree as follows:
"This cause coming on to be heard, having heretofore been referred to a jury on the issue of fault on the part of the defendant as set forth by the plaintiff in his Complaint, and
The jury having heard evidence and entered a verdict for the plaintiff, find the defendant guilty of habitual drunkenness, and find the plaintiff not guilty of recrimination, and this court having heard the arguments of counsel, and being fully advised in the premises, finds:
1. That the plaintiff is an actual resident of the county of Lake, community of Highland Park, in the State of Illinois, and that he has been so actually and continuously for at least one year last and immediately prior to the filing of this Complaint for Divorce in the above-entitled cause.
2. That he was lawfully joined in marriage to the defendant, Lois B. Morrow, on the 6th day of November, 1934, at Monticello, Georgia; and that the plaintiff did live and cohabit with the defendant as husband and wife until on or about the first day of March, 1956.
3. That there have been born as the result of said marriage two children, namely, Edwin P. Morrow, age 16, and Marion Starr Morrow, age 14; and that there have been no children adopted.
4. That the defendant, Lois B. Morrow, has been guilty of continual and habitual use of intoxicating beverages for a period of at least two years prior to the time of commencement of this cause of action.
5. That the plaintiff is not guilty of any recrimination.
6. That the court finds it has jurisdiction of the parties hereto and the subject matter hereof, the defendant, Lois B. Morrow, having been personally served with summons.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
1. That the bonds of matrimony heretofore existing between the plaintiff, Charles R. Morrow, and the defendant, Lois B. Morrow, be and the same are hereby dissolved, and the same are dissolved accordingly;
2. That the question of custody of the two minor children, Edward P. Morrow, age 16, and Marion Starr Morrow, age 14, be and the same is hereby reserved until the further order of this court;
3. That the question of property rights that may exist between the parties hereto is hereby reserved until the ...