Boucek v. Boucek

Mr. Presidiug Justice McSurely

delivered the opinion of the court.

By this writ of error defendant seeks the reversal of a decree against him in a separate maintenance proceeding. The evidence is not preserved by a bill of exceptions, and it is contended that the decree contains no findings of fact justifying the relief granted to complainant.

Ho presumption can be indulged in a chancery case that the evidence is sufficient to sustain the decree unless it appears in the record, except where the parties are entitled to a jury trial. If the decree contains the ultimate facts proven the evidence…