Opinion
Gen. No. 9,608. (Abstract of Decision.)
Opinion filed October 29, 1948 Released for publication November 24, 1948.
CONFESSION OF JUDGMENT, § 73 — impropriety of dismissing petition to vacate judgment. Defendant's petition to vacate judgment entered by confession in action on judgment form note executed by defendant should not have been dismissed on plaintiff's motion where judgment was entered in vacation by clerk and included a sum as attorney's fees for plaintiff, and petition was supported by defendant's affidavit stating that plaintiff came into possession of note after maturity thereof and without payment of any consideration and then knew that defendant had refused to pay note because he had received no consideration therefor.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Scott county; the Hon. L.E. WILHITE, Judge, presiding.
Reversed and remanded. Heard in this court at the October term, 1948.
J.W. Templeman, for appellant;
A.B. Johnson and L. Allan Watt, for appellee.
Not to be published in full. Opinion filed October 29, 1948; released for publication November 24, 1948.