Opinion
Gen. No. 41,165. (Abstract of Decision.)
Opinion filed June 19, 1940
DEFAULTS, § 78 — vacation. Certiorari was properly denied defendant against whom judgment was entered by default in justice of the peace court, where defendant contended that plaintiff's lawyer had promised him to ask for a continuance and notify him when case was reset, but failed to do so, but evidence showed that defendant was guilty of negligence in failing to ascertain when cause was reset, failing to examine docket, or to make inquiry of justice of the peace or lawyer as to new date.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. STANLEY H. KLARKOWSKI, presiding.
Affirmed. Heard in third division, first district, this court at April term, 1940.
William E. Cloyes and Herbert J. Choice, for appellant;
James G. Barber, for appellee.
"Not to be published in full." Opinion filed June 19, 1940.