Stokes v. Wells

Defendant, Wilbur Wells, appeals from the denial of his motion to set aside a judgment by confession on a promissory note entered in favor of plaintiff, Francis Stokes. Defendant contends that the judgment is not valid because the statutory requirement that he reside in Cook County at the time of filing of this action was not met. We agree.

In 1983, defendant and his wife executed a promissory note payable to the order of plaintiff. One of its provisions allowed for confession of judgment upon default. On February 17, 1984, plaintiff filed suit for confession of judgment in the circuit court…