Groak v. Groak

Defendant filed a petition under section 72 of the Civil Practice Act for relief from a divorce decree, which he alleged contained a “mutual mistake.” After an extended hearing, the trial court denied relief, and defendant appeals.

The decree was entered April 30, 1962. The petition was filed on July 30, 1963, in the original divorce action. It alleges that a written agreement of the parties, included in and made a part of the divorce decree, contained erroneous language, i. e., “That said mutual mistake consisted of using the words ‘the husband will pay all extraordinary medical, dental and…