Opinion
Gen. No. 41,035. (Abstract of Decision.)
Opinion filed June 26, 1940
DIVORCE, § 185 — modification, jurisdiction within 30 days. Where plaintiff had secured divorce decree and had consented to incorporation of contract concerning alimony, attorney's fees, dower, homestead and property rights, upon petition to modify decree on ground that it was fraudulently induced by defendant and plaintiff's attorney court had jurisdiction because petition was filed 27 days after decree and court still had control of it, and petition was improperly dismissed by trial court on theory that decree could only be attacked by original bill in equity in nature of bill of review.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. ROBERT C. O'CONNELL, presiding.
Decree reversed and cause remanded for a new trial of plaintiff's petition. Heard in second division, first district, this court at December term, 1939.
Teed, Kammermann Johnson, for appellant;
Hugh E. Johnson and Clarence Kammermann, of counsel;
Albert C. Boehm, for appellee;
Albert C. Boehm and Raymond R. Stern, of counsel.
"Not to be published in full." Opinion filed June 26, 1940.