Opinion
Gen. No. 44,321. (Abstract of Decision.)
Opinion filed May 4, 1948 Rehearing denied November 9, 1948 Released for publication November 9, 1948
JUDGMENTS, § 150 — nonexistence of "errors of fact" justifying setting aside of judgment on motion. That case, when tried ex parte, was not at issue because defendant's motion to strike amended bill of particulars was undisposed of and because defendant had not filed answer to amended complaint before expiration of time within which he was permitted to do so did not constitute "errors of fact" which would justify setting aside plaintiff's ex parte judgment by motion in nature of writ of error coram nobis under sec. 72 of Practice Act (Ill. Rev. Stat. 1945, ch. 110, pars. 161, 196; Jones Ill. Stats. Ann. 104.037, 104.072).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. THOMAS J. LYNCH, Judge, presiding.
Judgment order of August 6, 1947, which vacated judgment of March 13, 1947, reversed. Heard in the second division, first district, this court at the February term, 1948.
Edward H.S. Martin, pro se;
Jesse H. Brown and Fisk Hart, for appellee.
Jesse H. Brown, of counsel.
Not to be published in full. Opinion filed May 4, 1948; Rehearing denied November 9, 1948; Released for publication November 9, 1948.