Opinion
Gen. No. 44,697. (Abstract of Decision.)
Opinion filed April 4, 1949 Released for publication May 17, 1949
CONFESSION OF JUDGMENT, § 73 — unauthorized denial of motion to open judgment. Where affidavit supporting defendants' motion to open confession judgment taken on a note and for leave to file a counterclaim set forth facts which, if proved, would establish defense of want of consideration and no question of want of diligence was raised, denial of motion was unauthorized (Ill. Rev. Stat. 1947, ch. 110, par. 259.26; Jones Ill. Stats. Ann. 105.26).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook County; the Hon. JOSEPH A. GRABER, Judge, presiding.
Reversed and remanded with directions. Heard in the first division, first district, this court at the February term, 1949.
Shaffer, Seelig, Mandel Shapiro, for appellants;
Sidney W. Mandel, Raymond I. Suekoff and Jack P. Frost, of counsel;
Harold Goldsmith, for appellee;
Irving S. Adler, of counsel.
Not to be published in full. Opinion filed April 4, 1949; released for publication May 17, 1949.