Opinion
Gen. No. 43,150. (Abstract of Decision.)
Opinion filed December 11, 1944 Rehearing denied December 26, 1944 Released for publication December 27, 1944
FORECLOSURE OF MORTGAGES, § 200 — lack of jurisdiction in court to enter order setting aside decree. Where petition to vacate foreclosure decree was filed by codefendant, who had been defaulted because "not found," more than 13 months after sale and only some five weeks before expiration of period of redemption, held that residence affidavit, made by attorney for plaintiff, was sufficient to confer jurisdiction on court over such codefendant on notice by publication; that time for filing bill of review or petition under statute to set aside decree had expired; that writ of error coram nobis was inapplicable to chancery proceeding, and that trial court was without jurisdiction to enter order, no statement by court as to reasons for which order appeared in record, setting aside decree (Ill. Rev. Stat. 1943, ch. 110, pars. 138, 174; Jones Ill. Stats. Ann. 104.014, 104.050).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. HARRY M. FISHER, Judge, presiding.
Reversed. Heard in the first division, first district, this court at the October term, 1944.
Reuel H. Grunewald and Robert F. Kolb, for appellant.
Harold Omar Mulks, for appellee.
Not to be published in full. Opinion filed December 11, 1944; rehearing denied December 26, 1944; released for publication December 27, 1944.