Opinion
Gen. No. 44,047. (Abstract of Decision.)
Opinion filed December 10, 1947 Released for publication January 19, 1948
JUDGMENTS, § 130 — when order of dismissal of suit properly vacated. In proceeding in nature of writ of error coram nobis by partner to set aside order of dismissal of suit by partnership for breach of contract, order was properly vacated where petition indicated that court was not apprised of facts that partnership was in process of liquidation, that defendants had knowledge thereof, that petitioner did not have notice of stipulation to dismiss suit, entered into between his copartner and defendants, and that misrepresentations concerning notice were made to court by defendants' attorneys.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. THOMAS J. COURTNEY, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the April term, 1947.
Teller, Levit Silvertrust, for appellants;
David I. Spark, for appellees;
Not to be published in full. Opinion filed December 10, 1947; released for publication January 19, 1948.