Opinion
Gen. No. 40,888. (Abstract of Decision.)
Opinion filed February 23, 1940
CONFESSION OF JUDGMENT, § 77 — vacation, burden of proof. In proceeding to vacate judgment by confession, since defendant was allowed to plead upon opening of judgment, the burden was on plaintiff to prove his case as if no judgment had been entered, and such burden was not sustained where note was not introduced into evidence and plaintiff did not prove that it was a negotiable instrument, ownership of note, identity of maker and payee, and the due date, and defendant offered proof that note was executed by a corporation by its president, but erasures left only name of defendant as maker.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. EDWARD LUCZAK, presiding.
Reversed and judgment here for defendant and against plaintiff for costs. Heard in second division, first district, at October term, 1939.
Hubbard, Baker Rice, for appellant;
no appearance for appellee.
"Not to be published in full." Opinion filed February 23, 1940.