Stone v. Levinson

Mr. Presiding Justice McSurelt

delivered the opinion of the court.

Plaintiff obtained judgment against defendant for $100, being rent for September and October, 1921, plus attorney’s fees, by confession on a cognovit in a lease. Subsequently defendant moved that this be vacated and filed an affidavit in support of this motion. This was denied and from the order denying the motion defendant has appealed.

By the affidavit defendant asserted that he was a tenant of plaintiff under a written .lease expiring May 1,1922. "While inaptly worded, the affidavit sets forth substantially that in July, 1921,…