Opinion
Opinion filed June 27, 1942
CONFESSION OF JUDGMENT, § 63 — form and sufficiency of affidavits to vacate. Where judgment by confession was recovered upon a note given as part payment of refrigeration equipment, and affidavits in support of a motion to vacate contained statements that it was agreed to release defendants from further liability on the note in consideration of the return of the refrigeration equipment and the purchase of other equipment, and that the cancellation of note was made verbally, the statements were conclusions and insufficient under the rules to open up the judgment (Ill. Rev. Stat. 1941, ch. 110, pars. 259.15, 259.26; Jones Ill. Stats. Ann. 105.15, 105.26).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of St. Clair county; Hon. MAURICE V. JOYCE, presiding.
Judgment affirmed. Heard in this court at May term, 1942.
Leonard S. Hopkins and Joseph H. Goldenhersh, for appellants;
Geo. H. Muelder, for appellee;
John B. Harris, of counsel.
"Not to be published in full." Opinion filed June 27, 1942.