Local Loan Co. v. Norman

Full title: Local Loan Company, Appellee, v. Jack Norman et al., Appellants

Court: Appellate Court of Illinois, First District

Date published: May 5, 1943

319 Ill. App. 114 (Ill. App. Ct. 1943)

48 N.E.2d 803

Opinion

Gen. No. 42,461. (Abstract of Decision.)

Opinion filed May 5, 1943

BANKRUPTCY, § 95.1^_ — waiver of defense of discharge. On motion to vacate confession judgment on note, signed by defendants who had been discharged in bankruptcy prior to entering of judgment, where order was entered confirming judgment, and a year later defendants filed petition setting up the facts as to their petitions in bankruptcy, held that, when defendants elected to withdraw their pleadings and caused judgment to be confirmed, they waived any right they may have had to assert their discharges in bankruptcy and for a perpetual stay of execution.

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

Appeal from Municipal Court of Chicago; Hon. FRANK M. PADDEN, presiding.

Order affirmed. Heard in third division, first district, this court at October term, 1942.

Hubbard, Baker Rice and Landon L. Chapman, for appellants;

Newton, Wilhelm Kenny, for appellee.

Opinion by PRESIDING JUSTICE BURKE.

"Not to be published in full." Opinion filed May 5, 1943.