Biedler v. Malz

Rudolph and Eric Malz, copartners as the Dutch Dairy, appeal from an order entered November 30, 1943, whereby a judgment in their favor on their counterclaim, for $4,500, entered by default on October 1, 1943, was set aside and the counterclaim dismissed without prejudice.

The suit in which they were defendants was begun by attachment July 10,1943. (See Ill. Rev. Stat. 1943, ch. 11, pp. 160-165 [Jones Ill. Stats. Ann. 109.032 et seq.~\.) Plaintiffs, Charlie J. and Edward Biedler, on that day filed an affidavit alleging defendants were indebted to them under a written contract in the sum of…