Opinion
Gen. No. 43,354. (Abstract of Decision.)
Opinion filed November 6, 1945 Released for publication November 20, 1945
DIVORCE, § 172 — when request for payment of sum not provided for in decree will be denied. Where plaintiff petitioned court for order directing defendant to pay her sum of money pursuant to divorce decree, and it appeared that parties had entered into settlement agreement containing eleven paragraphs, first six of which parties mutually agreed should be incorporated in divorce decree, and which did not include item requested in plaintiff's petition, held that plaintiff was seeking, not enforcement of any part of decree, but entry of order entirely unwarranted thereby.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. MICHAEL FEINBERG, Judge, presiding.
Judgment order reversed and cause remanded with directions to dismiss plaintiff's petition. Heard in the second division, first district, this court at the April term, 1945.
Allen Darlington, for appellant;
Glynn J. Elliott, of counsel;
Carleton L. Banker, for appellee.
Not to be published in full. Opinion filed November 6, 1945; released for publication November 20, 1945.