#### Mame B. Parry, Appellant, v. Henry Edward Parry, Appellee.

Gen. No. 19,878.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.

Affirmed.

Opinion filed November 10, 1914.

Statement of the Case.

Bill by Mame B. Parry against Henry Edward Parry for divorce, charging several acts of extreme and repeated cruelty and using indecent and profane language in complainant’s presence and in the presence of her friends. The evidence was heard in open court by the chancellor and only questions of fact were involved, and the court found the issues in favor of defendant on conflicting evidence and dismissed the bill. To reverse the decree, complainant appeals.

Ellis & Lewis, for appellant.

J. D. Welsh and Alden, Latham & Young, for appellee.

*453Abstract of the Decision.

1. Divorce, § 47 * —when finding for defendant not contrary to the evidence. On bill filed by wife for divorce on the grounds of extreme and repeated cruelty, a finding in favor of defendant held not contrary to the preponderance of the evidence.

2. Trial, § 77 * —when exclusion of rebuttal evidence not erroneous. Action of court in excluding testimony "offered on rebuttal and relating to the main case made by the bill, held not an abuse of court’s discretion.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Smith

delivered the opinion of the court.