Rosenthal v. Loeber

Full title: Lessing Rosenthal et al., as Surviving Partners of the Firm and…

Court: Appellate Court of Illinois, First District

Date published: May 28, 1940

305 Ill. App. 624 (Ill. App. Ct. 1940)

27 N.E.2d 539

Opinion

Gen. No. 41,026. (Abstract of Decision.)

Opinion filed May 28, 1940

DEFAULTS, § 98^_ — vacation, procedure. Motion to vacate default judgment on a promissory note was properly denied, where defendant set forth bare conclusion that he was not served, although bailiff's return showed personal service, since procedure under section 21 of the Municipal Court Act would require plaintiff to allege facts in his petition entitling him to relief, as well as supporting affidavits of the circumstances (Ill. Rev. Stat. 1939, ch. 37, § 376; Jones Ill. Stats. Ann. 108.046).

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Municipal Court of Chicago; Hon. JOSEPH J. DRUCKER, presiding.

Affirmed. Heard in second division, first district, this court at October term, 1939.

Harold O. Mulks, for appellant;

Herman L. Ellsworth, for appellees.

Opinion by JUSTICE FRIEND.

"Not to be published in full." Opinion filed May 28, 1940.