Resto v. Walker

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

Plaintiffs appeal from an order which granted defendant’s petition, pursuant to section 72 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 72), to vacate an ex parte judgment. Plaintiffs’ chief contention is that the petition was insufficient as a matter of law in that it failed to allege facts tending to show the existence of a meritorious defense to the original cause of action.

On August 25, 1975, plaintiffs filed a complaint against defendant, their landlord, alleging that he turned off the gas to their apartment…