#### Mary E. Miller, Appellee, v. Edward S. Miller, Appellant.

Gen. No. 23,782.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1917.

Affirmed.

Opinion filed March 13, 1918.

Rehearing denied March 25, 1918.

Statement of the Case.

Bill by Mary E. Miller, complainant, against Edward S. Miller, defendant, for divorce. From an order committing defendant to jail for wilful refusal to pay certain alimony theretofore ordered to be paid by him to complainant, defendant appeals.

Decree of divorce was entered, with award to complainant in lieu of alimony of $780.65 and an interest in a certain life insurance policy. Complainant thereafter filed a petition asking for a rule on defendant to show cause why he should not be adjudged in contempt for failure to pay alimony, to which defendant filed his verified answer, and a few days later filed a *77record in the Appellate Court seeking reversal of the decree as to alimony. The answer was held insufficient and an. order entered finding defendant guilty of contempt and ordering him committed until the decree should he complied with, not exceeding 6 months. Opinion on defendant’s writ of error was filed the same day as present opinion. See Miller v. Miller, Gen. No. 23,450, ante, p. 67.

Abstract of the Decision.

Divorce, § 121 * —when answer in contempt proceedings for failure to pay alimony is insufficient. Answer of defendant to complainant’s petition to show cause why he should not be adjudged in contempt for nonpayment of alimony decreed her, held insufficient where it showed he was a practicing physician earning and receiving from $150 to $180 a month, with expenses of $117, including $20 for an automobile.

Egbert A. J. Shaw and James G. Cotter, for appellant.

Albert B. George, for appellee.

*

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

Mr. Justice O’Connor

delivered the opinion of the court.