#### Annie J. Alke, Appellant, v. Frederick W. Alke, Appellee.

Gen. No. 22,329.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. "William IN'. Gemmill, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1916.

Affirmed.

Opinion filed October 10, 1917.

Statement of the Case.

Action in assumpsit by Annie J. Alke, plaintiff, against Frederick W. Alke, defendant, to recover the sum of $2,000 alleged to be due under a contract relat*496ing to property rights of defendant and plaintiff as husband and wife, and of $1,650 with interest alleged to be due as monthly payments under such contract. From a judgment for defendant for costs, complainant appeals.

Abstract of the Decision.

Husband and’wife, § 210 * — when evidence shows extinguishment of executory portions of separation agreement 6y consent divorce decree. In an action by a wife against her husband to recover a specific sum and also monthly payments alleged to be due under a separation agreement, evidence held sufficient to show that the executory portions of the contract were extinguished by a consent decree in subsequent divorce proceedings.

Thurman, Hume & Kennedy, for appellant.-

Joseph Cummins, for appellee.

*

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

Mr. Justice Taylor

delivered the opinion of the court.