Kollath v. Chicago Title & Trust Co.

The plaintiff, Richard Kollath, brought an action in the circuit court of Cook County on November 27, 1968, to foreclose a mechanic’s lien for architectural services he had rendered. The case was placed on the calendar of the late Judge Herbert Paschen and was called up on October 4, 1971. When the plaintiff failed to appear, the case was dismissed for want of prosecution.

Section 50(5) of our Civil Practice Act provides:

“The court may in its discretion, before final order, judgment or decree, set aside any default, and may on motion filed within 30 days after entry thereof set aside any final…