#### Albert L. von Degens, Plaintiff in Error, v. Lillian von Degens, Defendant in Error.

Gen. No. 22,074.

(Not to be reported in full.)

Error to the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in this court at the March term, 1916.

Affirmed.

Opinion filed May 29, 1916.

Statement of the Case.

Bill for divorce by Albert L. von Degens, complainant, against Lillian von Degens, defendant. To reverse an order dismissing the bill for want of equity, the complainant prosecutes a writ of error.

Complainant filed his bill of complaint asking for a divorce from his wife on the ground that she had been guilty of extreme and repeated cruelty towards him. Upon hearing he testified as to the alleged acts of cruelty, and was corroborated to a certain extent by the testimony of his two sons. After hearing the court ordered the bill dismissed for want of equity.

*482Abstract of the Decision.

Divorce, § 12 * —when husband not entitled to divorce on ground of extreme cruelty. Where a husband asks for a divorce from his wife upon the ground of extreme and repeated cruelty, he must make out a clear case; and it is not sufficient for him to show slight acts of violence on her part towards him so long as there is no reason to suppose that he cannot protect himself by a proper exercise of his marital powers.

William: A. Jennings, for plaintiff in error.

No appearance for defendant in error.

*

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

Mr. Presiding Justice McSurely

delivered the opinion of the court.