Opinion
Gen. No. 44,172. (Abstract of Decision.)
Opinion filed May 4, 1948 Released for publication June 4, 1948
CONFESSION OF JUDGMENT, § 73 — propriety of overruling motion to vacate judgment. Where plaintiff's verified answer to defendant's petition to vacate judgment by confession showed that defendant made no effort to have judgment opened until two months after defendant knew of judgment, and averments of answer, if taken as true, showed that defendant by false oral representation obtained from plaintiff execution of a document subordinating plaintiff's judgment lien to a mortgage on defendant's real estate, motion to vacate was properly overruled on ground that defendant did not comply with Supreme Court Rule providing that a party seeking to open a judgment by confession must show not only diligence but also a meritorious defense (Ill. Rev. Stat. 1945, ch. 110, par. 259.26; Jones Ill. Stats. Ann. 105.26).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. EUGENE HOLLAND, Judge, presiding.
Order affirmed. Heard in the second division, first district, this court at the October term, 1947.
Maximilian J. St. George, for appellant;
G.A. Bosomburg, pro se.
Not to be published in full. Opinion filed May 4, 1948; released for publication June 4, 1948.