Martin v. Kargman

This is an appeal from a denial by the Circuit Comt of plaintiff’s petition pursuant to Section 72 of the Civil Practice Act wherein he asked that a court order dismissing his action for want of prosecution be vacated.

In this appeal plaintiff argues: First, that insofar as plaintiff had a judgment by confession which was opened pursuant to Ill. Rev. Stat. 1967, ch. 110A, sec. 276, merely dismissing plaintiff for failure to prosecute could not effect plaintiff’s judgment. Second, notice of dismissal was never given to plaintiff as required under Ill. Rev. Stat. 1967, ch. 110, sec. 50.1. Third,…