Opinion
Gen. No. 43,907. (Abstract of Decision.)
Opinion filed June 4, 1947 Rehearing denied June 19, 1947 Released for publication June 19, 1947
BILLS OF REVIEW, § 20 — newly discovered evidence, dismissal of bill based on as abuse of discretion. Trial court did not abuse its discretion in dismissing bill of review based on newly discovered evidence seeking to reverse partition and subsequent decrees and to void deeds arising therefrom where complaint, showing that plaintiff in effect approved partition proceedings, was filed more than three years after entry of partition decree and there was no showing why appeal was not taken, and where there was no showing as to when plaintiff acquired knowledge of newly discovered evidence or that she exercised diligence with respect thereto, as mere allegations that knowledge of such evidence was not acquired until after conclusion of suit and that plaintiff exercised due diligence and delay was due to litigation were insufficient.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. DONALD S. MCKINLAY, Judge, presiding.
Decree affirmed. Heard in the third division, first district, this court at the October term, 1946.
Whitney E. Tarutis, for appellant;
Harold L. Reeve and A.E. Peterson, for appellees.
Not to be published in full. Opinion filed June 4, 1947; rehearing denied June 19, 1947; released for publication June 19, 1947.