Legal Opinion · Concurrence

Walters v. Walters

Appellate Court of Illinois

Decided November 17, 1950No. Gen. 44,859Published

1Concurrence

Niemeyer, P. J.,

specially concurring. I concur in the reversal of the decree and the remandinent of the cause with directions. Two questions are presented on appeal:(a) Did the $34,540, to be paid “as a lump sum property settlement and alimony in gross” etc., become a vested property right of plaintiff on the entry of the decree?(b) Are plaintiff’s rights under the decree governed by section 18 of the Divorce Act as. amended pending the appeal? An affirmative answer to either question will require reversal of the decree.

A decree for divorce, like a final decree in any other case, cannot be…

2Cases cited46 opinions

  1. People Ex Rel. Eitel v. LindheimerIllinois Supreme Court · 1939
  2. Kelley v. KelleyIllinois Supreme Court · 1925
  3. Herrick v. HerrickIllinois Supreme Court · 1925
  4. Smith v. SmithIllinois Supreme Court · 1929
  5. Plaster v. PlasterIllinois Supreme Court · 1868

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