#### Alma Heizer et al., Defendants in Error, v. John W. Heizer, Plaintiff in Error.

Gen. No. 23,052.

(Not to be reported in full.)

Error to the Circuit Court of Cook county; the Hon. Charles M. Thomson, Judge, presiding. Heard in this court at the March term, 1917.

Reversed and remanded with directions.

Opinion filed July 2, 1917.

Rehearing denied July 16, 1917.

Statement of the Case.

Bill for divorce by Alma Heizer, complainant, against John W. Heizer, defendant. By this writ of error complainant seeks to reverse a decree allowing solicitors’ fees. This case is similar in every material respect to Heizer v. Heizer, ante, p. 126.

G. A. Buresh and Otto Wadewitz, for plaintiff in error.

*128Abstract of the Decision.

1. Divobcb, § 142 * — when defendant not prosecuting appeal required to pay solicitors’ fees for defending appeal. The nonprosecution of an appeal taken by and allowed a defendant in a divorce case will not relieve him from the payment of solicitors’ fees allowed complainant to defend such appeal, his proper course being to withdraw his appeal before the chancellor and to move for the vacation of the order allowing such fees.

2. Divobcb, § 143* — who may have allowance of solicitors’ fees. The allowance of solicitors’ fees in a divorce suit must be made to the wife and not to her solicitors. Following Heizer v. Heizer, ante, p. 126.

No appearance for defendants in error.

*

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

Mr. Presiding Justice Holdom

delivered the opinion of the court.