Opinion
Gen. No. 9,511. (Abstract of Decision.)
Opinion filed May 15, 1940
CONFESSION OF JUDGMENT, § 63 — affidavit to vacate, sufficiency. Motion to vacate judgment by confession was properly denied below, where supporting affidavit set up an agreement whereby plaintiff, among other creditors, agreed to scale down the debt, and defendant borrowed enough money by giving a mortgage to make the payments, but there was no allegation of facts showing that such agreement had any connection with the note sued upon, nor how the note came to be executed or to come into the hands of plaintiff.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Kankakee county; Hon. LUTHER B. BRATTON, presiding.
Affirmed. Heard in this court at February term, 1940.
Eva L. Minor, for appellants;
W.H. Dyer and E.P. Harney, for appellee.
"Not to be published in full." Opinion filed May 15, 1940.