Opinion
Gen. No. 10,004. (Abstract of Decision.)
Opinion filed May 28, 1945 Rehearing denied July 19, 1945 Released for publication July 19, 1945
CONFESSION OF JUDGMENT, § 67 — considering counter affidavits going to merits. On motion, supported by affidavits, to open judgment by confession on note and for leave to defend on merits, counter affidavits raising issues of fact on merits should not be considered as controlling, since Supreme Court rule 26 contemplates issues of fact raised on merits by affidavits and counter affidavits are to be thus formed and trial had thereon (Ill. Rev. Stat. ch. 110, par. 259.26; Jones Ill. Stats. Ann. 105.26).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of DuPage county; the Hon. CHARLES A. O'CONNOR, Judge, presiding.
Reversed and remanded with directions. Heard in this court at the February term, 1945.
Murphy Pearson and Perry Elliott, for appellants;
Robert P. McArdle, of counsel;
James W. Milne and George E. Fidler, for appellee.
Not to be published in full. Opinion filed May 28, 1945; rehearing denied July 19, 1945; released for publication July 19, 1945.