Jones v. Reuss

MR. PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

Plaintiff, Robert Jones, appeals from an order sustaining defendant’s motion to strike plaintiff’s petition based on section 72 of the Civil Practice Act. Plaintiff seeks to modify an ex parte judgment entered February 15, 1962, which dismissed plaintiff’s complaint, found defendant not guilty, and assessed costs against plaintiff.

The record shows the complaint and answer were filed in 1960. On September 7, 1961, an order was entered directing plaintiff to produce specified income tax returns on or before October 1,1961. Plaintiff…