#### Nunzio Russo v. Ignatia Russo. Ignatia Russo, Appellee, v. Nunzio Russo, Appellant.

Gen. No. 20,764.

(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, 1914.

Affirmed.

Opinion filed May 25, 1915.

Statement of the Case.

Bill by Nunzio Busso against Ignatia Russo for divorce. Defendant interposed a cross-bill charging desertion, and adulterous practices, as a result of *609which he communicated to defendant a venereal disease. The chancellor held that neither the charge of adultery nor the communication of a venereal disease was sustained, but found that complainant had deserted defendant and entered a decree in her favor on the cross-bill, from which complainant appeals.

Abstract of the Decision.

Husband and wife, § 264 * —when evidence sustains separate maintenance decree. Evidence on cross-bill for separate maintenance held to sustain wife’s claim that she was living separate and apart from her husband without her fault.

Donald L. Morrill, for appellant; Robert W. Millar, of counsel.

' Bauer & Donoghue, for appellee; Lester L. Bauer, of counsel.

*

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

Mr. Presiding Justice Baume

delivered the opinion of the court.