Opinion
Gen. No. 41,620. (Abstract of Decision.)
Opinion filed May 19, 1941
DEFAULTS, § 71 — petition to vacate after 30 days, as commencement of equity proceeding. Where defendant's petition to vacate default judgment was not presented within 30 days, it would be treated as the commencement of a proceeding in equity, and lower court erred in refusing to allow plaintiff to file pleadings and have the cause set down for hearing upon the issues made.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. OSCAR F. NELSON, presiding.
Reversed and remanded with directions. Heard in first division, first district, this court at February term, 1941.
Irving Greenfield, for appellant;
George A. Gordon, of counsel;
Louis A. Smith and Harold Tucker, for appellee.
"Not to be published in full." Opinion filed May 19, 1941.