Summary
In Zipperman, the evidence established that a married woman, who cosigned a note with her husband, resided in Cook County for purposes of the predecessor of section 2-1301(c) rather than in the county where her husband resided because she was legally separated from her husband, had an abode and a place of business in Cook County and spent every business day there. 317 Ill. App. 654.
Summary of this case from Stokes v. WellsOpinion
Gen. No. 42,307. (Abstract of Decision.)
Opinion filed March 2, 1943
CONFESSION OF JUDGMENT, § 51.1 — when judgment will not be vacated on ground of improper venue. Motion to vacate judgment by confession against husband and wife on ground that defendants were residents of Momence, county of Kankakee, and that note upon which judgment was predicated was entered by court in Cook county, which was county other than one where note was executed or where defendants resided, held properly denied where it appeared that wife, for all intents and purposes, resided in Cook county, had her place of business in Chicago, spent every business day in city, and returned to Momence only at such time and on such occasions as her business affairs permitted (Ill. Rev. Stat. 1937, ch. 110, par. 174, subpar. 5; Jones Ill. Stats. Ann. 104.050).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. JOHN PRYSTALSKI, presiding.
Judgment affirmed. Heard in second division, first district, this court at June term, 1942.
David A. Canel, W.J. Parish and V.A. Parish, for appellants;
Harvey L. Cavender and H.H. Whittemore, for appellee.
"Not to be published in full." Opinion filed March 2, 1943.