Opinion
Gen. No. 40,838. (Abstract of Decision.)
Opinion filed February 23, 1940
CONFESSION or JUDGMENT, § 70 — vacation, sufficiency of evidence. In proceeding to set aside judgment by confession, where defendant and his wife denied that they had signed the note, the only evidence for plaintiff was by his attorney, who testified defendants had ratified the signatures, but he instituted suit two days after such alleged ratification, evidence was not sufficient to make out plaintiff's case, and judgment for plaintiff would be reversed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. JOSEPH J. DRUCKER, presiding.
Reversed and judgment here in favor of defendant John Goetzinger and against plaintiff. Heard in second division, first district, at October term, 1939.
Schnackenberg, Hansen Towle, for appellant;
Elmer J. Schnackenberg, of counsel;
Frederick A. Smith, for appellee.
"Not to be published in full." Opinion filed February 23, 1940.