McFarlin v. McFarlin

By this appeal appellant seeks to reverse an order of the city court of Harrisburg, entered in a divorce action in which she as plaintiff obtained a divorce from appellee on the grounds of extreme and repeated cruelty. The decisive issue is as to the jurisdiction of the court. A constitutional question is raised which involves the validity of the proviso to section 5 (Ill. Rev. Stat. 1941, chap. 40, par. 6,) of the Divorce Act. The cause comes to this court by direct appeal.

Evaline McFarlin was plaintiff in the divorce action, defended against a petition to vacate the divorce decree entered…