McDonnell v. McDonnell

Plaintiff filed an action for divorce on grounds of habitual drunkenness for a period in excess of two years. The return on the summons executed by the Sheriff of Cook County shows that the summons and a copy of the complaint was served on the defendant personally. When the defendant failed to appear, an order of default was entered and a divorce decree was entered in favor of plaintiff.

More than two months after the entry of the decree, defendant filed a petition under section 72 of the Civil Practice Act (Ill Rev Stats 1967, c 110, § 72) praying that the default divorce decree be vacated…