Opinion
Gen. No. 9,476. (Abstract of Decision.)
Opinion filed February 28, 1946 Rehearing denied May 7, 1946 Released for publication May 8, 1946
BILLS OF REVIEW, § 18 — when allegations of fraud in complaint in nature of bill of review did not warrant setting decree aside. Where complaint, in nature of bill of review, prayed that decree be set aside, and alleged that in prior accounting action, arising from foreclosure proceeding against certain real estate and redemption thereof by mortgagor, defendant falsely testified that he purchased certificate of sale from bank and in later proceeding introduced memorandum indicating that purchase was from another source, held that since it did not appear that introduction of such memorandum in earlier proceeding would have produced different result nor would different conclusion have been drawn from entire evidence, complaint was properly dismissed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Sangamon county; the Hon. LAWRENCE E. STONE, Judge, presiding.
Decree affirmed in part, reversed in part and remanded with directions. Heard in this court at the February term, 1946.
William T. Gordley and Barber Barber, for appellant;
Putting Putting, for appellee.
Not to be published in full. Opinion filed February 28, 1946; rehearing denied May 7, 1946; released for publication May 8, 1946.