Opinion
Gen. No. 42,958. (Abstract of Decision.)
Opinion filed May 18, 1945 Rehearing denied June 8, 1945 Released for publication June 8, 1945
JUDGMENTS, § 142 — when motion to vacate ex parte judgment properly denied. In action for necessaries furnished wife and child of defendant, where judgment therefor was entered against defendant after his attorneys had withdrawn and his appearance pro se was on file, and, through another attorney, he filed a motion within one month to vacate the judgment on the ground that he was not represented by counsel and was unaware of time of trial, which motion was continued, and the case lay in abeyance for seven years, when another attorney filed a petition on behalf of defendant reciting history of case and belief of defendant that judgment had been vacated, and requesting trial on merits, denial of motion to vacate held warranted as within discretion of trial court where defendant did not allege any facts showing defense on merits and, having appeared pro se in original action, he assumed responsibility of watching calendars for trial dates.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. PETER H. SCHWABA, Judge, presiding.
Order affirmed. Heard in the third division, first district, this court at the December term, 1943.
Harold G. Blake, for appellant;
Raymond W. Beach, for appellee.
Not to be published in full. Opinion filed May 18, 1945; rehearing denied June 8, 1945; released for publication June 8, 1945.