#### Jacob P. Maihofer, Plaintiff in Error, v. Elizabeth Maihofer, Defendant in Error.

Gen. No. 22,592.

(Not to be reported in full.)

Abstract of the Decision.

Divorce, § 48 * — when evidence insufficient to show' desertion of husband by loife without cause. On a bill by a husband for divorce *149on the ground of desertion, where there was evidence that defendant believed that complainant substituted a powder for some medicinal tablets with the intention of poisoning her; that defendant was sent by complainant, on advice of a physician, to a detention hospital, and the evidence was conflicting whether, on her return, she or he was willing to resume marital relations, evidence held insufficient to show that defendant had wilfully and without just cause deserted complainant and had refused to live with him any longer, without any fault on his part.

*148Error to the Circuit Court of Cook county; the Hon. George Kersten, Judge, presiding. Heard in this' court at the March term, 1917.

Affirmed.

Opinion filed July 2, 1917.

Statement of the Case.

Bill by Jacob P. 'Maihofer, complainant, against Elizabeth Maihofer, defendant, for divorce on the ground of desertion, and cross-bill by defendant for divorce on ground of desertion. From a decree dismissing the bill and . cross-bill, complainant brings error.

Francis E. Croarkin, for plaintiff in error.

Joseph C. Pisha, for defendant in error.

*

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

Mr. Justice McSurely

delivered the opinion of the court.