Opinion
Gen. No. 44,624. (Abstract of Decision.)
Opinion filed January 24, 1949 Rehearing denied February 4, 1949 Released for publication February 4, 1949
JUDGMENTS, § 152 — sufficiency of "coram nobis" petition to vacate default judgment. Petition to vacate default judgment alleging that defendant never received a summons and had a meritorious defense did not meet requirements of a motion or petition in nature of a "writ of error coram nobis," where record showed service of summons on defendant and that an appearance was filed in his behalf and an order entered extending time for filing answer, and petition did not allege that defendant did not authorize filing of appearance or stipulation for extension of time to answer.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JUSTIN F. McARTHY, Judge, presiding.
Reversed. Heard in the first division, first district, this court at the October term, 1948.
Clarence W. Shaver, for appellant;
Louis E. Levinson, of counsel;
Lipman, Lochtan Wolfe, for appellees;
Bernard B. Wolfe and Philip Appel, of counsel.
Not to be published in full. Opinion filed January 24, 1949; rehearing denied February 4, 1949; released for publication February 4, 1949.