Gburek v. Kuss

delivéred the opinion of the court.

This is an appeal from an order setting aside ^nd vacating a judgment entered for appellant in a case entitled as above, at a term preceding that in which the motion was made and filed. The motion was made under section 89 of the "Practice Act [Cahill’s Ill. St. ch. 110, ¶ 89]. The alleged error of fact was, that “said cause was inadvertently set for trial by mistake and without the knowledge or consent of defendants or their attorney, and judgment was entered therein without giving them an opportunity to be heard.” Appellees questioned the jurisdiction of…