Opinion
Gen. No. 40,475. (Abstract of Decision.)
Opinion filed March 11, 1941 Rehearing denied March 27, 1941
APPEAL AND ERROR, § 336 — time for, as not extended by pendency of petition to vacate decree. Where defendant sought to vacate partition decree on ground she had been served by publication but had not received notice, but subsequently abandoned this position, she could not ask to have decree vacated under section 50 of the Civil Practice Act as her motion was long after the 30 days allowed by statute, and pendency of defendant's petition to vacate did not extend her right to appeal from the decree 90 days from the time when her petition was denied (Ill. Rev. Stat. 1939, ch. 110, § 174; Jones Ill. Stats. Ann. 104.050).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. JOSEPH H. BURKE, presiding.
Order of May 13, as modified, affirmed. Appeal from decree of November 25, 1936, and order of May 18, 1937, dismissed. Heard in second division, first district, this court at February term, 1939.
Frederic Ullmann, for appellant;
West Eckhart, for certain appellee;
Maurice L. Davis, for certain other appellee. John Neal Campbell and Maurice L. Davis, of counsel;
"Not to be published in fall." Opinion filed March 11, 1941; rehearing denied March 27, 1941.