Limar-Pinehurst, Inc. v. Welter

Section 72 of the Civil Practice Act provides that relief may be obtained from final judgments after 30 days from their entry by means of a petition filed not later than two years after the date of judgment. The section abolishes former procedures for attacking final judgments and since 1955 is a codification of the Illinois Supreme Court decision in Ellman v. De Ruiter, 412 Ill. 285, where the court held that a petition under section 72 is addressed to the equitable powers of the court and that such powers should be used to prevent injustice. See Joint Committee Comments and Historical and…