Marks v. Gordon Burke Steel Co.

This case arises from the entry of an order on September 23, 1971, vacating an ex parte judgment entered July 8, 1971, in favor of plaintiff and against defendant Walter E. Heller & Co. (Heller). * Prior to the vacatur, Heller presented a petition under section 72 of the Civil Practice Act (Ill. Rev. Stat. 1971, ch. 110, par. 72), which plaintiff answered, and a full hearing was held. Plaintiff now contends that the trial court abused its discretion by allowing the petition and vacating the judgment when there was an insufficient showing of due diligence or of a meritorious defense.

Briefly,…