Elliot Construction Corp. v. Zahn

On March 20, 1967, the plaintiff filed a complaint against Herbert Zahn, to recover damages under two contracts. On April 14, 1967, the Circuit Court of Du Page County ordered the defendant, a practicing attorney, to file his appearance instanter and to file an answer or otherwise plead within 15 days and the case was set for trial on May 17, 1967. Thereafter, two continuances were granted and the case was again set for trial on June 26, 1967. On this date, the defendant still failed to file an appearance or to plead to the complaint and a default judgment was entered against him; thereafter,…