Burkitt v. Downey

Appeal has been prosecuted in this case from an order of the Circuit Court of Whiteside County which, pursuant to a petition filed under section 72 of the Civil Practice Act (Ill Rev Stats 1967, c 110, par 72), vacated a default judgment and gave defendant twenty days to answer a complaint filed in the original controversy. We have jurisdiction since, in a section 72 proceeding, such an order is considered to be final and appealable. Cowen v. Harding Hotel Co., 396 Ill 477, 480, 72 NE2d 177; Christian v. Smirinotis, 388 Ill 73, 57 NE2d 457. Cf. Williams v. Morton, 80 Ill App2d 442, 225 NE2d…