Opinion
Gen. No. 42,059. (Abstract of Decision.)
Opinion filed April 20, 1943
JUDGMENT, § 130 — impropriety of overruling motion to vacate. Where defendant sought to vacate judgment entered by confession upon promissory note signed by defendant, and in support thereof, made motion supported by verified petition, asking that judgment be vacated, trial court erred in overruling defendant's motion to vacate, where verified petition disclosed that there was failure of consideration for which promissory note was executed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. EUGENE J. HOLLAND, presiding.
Judgment reversed and cause remanded with directions. Heard in second division, first district, this court at December term, 1941.
Paul M. Wade, for appellant;
Alfred Newton, for appellees;
D. Elwood Davis, of counsel.
"Not to be published in full." Opinion filed April 20, 1943.