#### Emily Kleinschmidt, Defendant in Error, v. August Kleinschmidt, Plaintiff in Error.

Gen. No. 23,103. (Not to be reported in full.)

Abstract of the Decision.

Appeal and error, § 147 * -—when freehold interest is involved in divorce suit. Under Rev. St. ch. 37, sec. 25 (J. & A. f 2968), denying jurisdiction to the Appellate Courts in the State in matters involving a freehold, the Appellate Court has no jurisdiction of a writ of error from a decree in divorce proceedings dispossessing defendant of his interest in land held by the parties as tenants in common, as a freehold interest in real estate is involved.

Error to the Circuit Court of Cook county; the Hon. Chakt.es M. Thomson, Judge, presiding. Transferred to Supreme Court.

Heard in this court at the October term, 1917.

Opinion filed December 17, 1917.

Statement of the Case.

Bill by Emily Kleinschmidt, complainant, against August Kleinschmidt, defendant, for divorce on the ground of habitual drunkenness. From a decree for complainant, defendant brings error.

Nobthrup, Burnham, Fairbank & Klein, 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. Justice Dever

delivered the opinion of the court.