Opinion
Gen. No. 42,695. (Abstract of Decision.)
Opinion filed March 8, 1944
JUDGMENTS, § 130 — when order of dismissal of case cannot be vacated on motion. Refusal of attorney for one of codefendants, and insurance company employing him, to sign stipulation that case, dismissed, to accommodate second codefendant, for want of prosecution, might be reinstated after expiration of 30 days from entry of order of dismissal, which stipulation was agreed upon orally, in presence of trial judge, by attorneys for all of parties, was not such error of fact as would warrant vacation of order of dismissal, on motion under section 72 of Civil Practice Act, after expiration of 30-day period (Ill. Rev. Stat. 1943, ch. 110, par. 196; Jones Ill. Stats. Ann. 104.072).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JOSEPH E. DAILY, Judge, presiding.
Order reversed. Heard in the second division, first district, this court at the June term, 1943.
C.E. Heckler, for appellant;
Morris A. Haft, for appellees.
Not to be published in full. Opinion filed March 8, 1944.