Midstates Finance Co. v. Waller

Plaintiff appeals from an order entered by the trial court of Madison County.

The plaintiff obtained a judgment against the defendant on December 1, 1964, pursuant to the warrant of authority and confession of judgment provisions contained in three promissory notes executed by the defendant. The defendant filed a motion for leave to file a counterclaim and to stay proceedings under the judgment pursuant to Supreme Court Rule 23 (Ill Rev Stats c 110, par 101.23).

The plaintiff filed a motion to strike the defendant’s motion and proposed counterclaim on the ground that it appeared on its face to…