Alton Evening Telegraph v. Doak

Mr. JUSTICE GEORGE J. MORAN

delivered the opinion of the court:

The plaintiff appeals from an order entered in the Circuit Court of Madison County on June 15, 1972, which granted the defendant’s motion to vacate a default judgment which had been rendered on February 17, 1972.

The only question on appeal is whether the trial court erred in granting the motion on the ground that the plaintiff named in the default judgment lacked the legal capacity to sue.

In In re Annexation of Certain Territory, 37 Ill.App.2d 255 at 263, the court stated:

“The Civil Practice Act requires that a party shall set…