BILLS OF REVIEW, § 44 — erroneous dismissal of complaint to vacate decree of divorce. Where sworn allegations of complaint in nature of bill of review to vacate a decree of divorce obtained by defendant tendered an issue as to whether defendant's wife was insane when divorce was granted, and defendant's affidavit in support of motion to strike complaint under sec. 48 of the Practice Act denied the insanity and set up other defenses involving questions of fact, all of which were in negation of allegations of complaint, plaintiff was not bound to file counter-affidavits to raise an issue of fact and complaint, considered with defendant's affidavit, was sufficient to require an answer; hence order sustaining motion and dismissing suit for want of equity was unauthorized (Ill. Rev. Stat. 1947, ch. 110, par. 172; Jones Ill. Stats. Ann. 104.048).
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE TUOHY.
Not to be published in full. Opinion filed June 20, 1949; rehearing denied July 1, 1949; released for publication July 18, 1949.