Economy Truck Sales & Service, Inc. v. Granger

In. the case at bar, judgment was entered by confession against defendant in the County Court of Lake County, on two promissory notes, in the sum of $1,402.77 and costs. Defendant filed three petitions to vacate such judgment, the latter being his second amended petition. On June 1, 1964, the judgment was opened and leave granted to defendant to plead to the complaint; and the judgment was ordered to stand as security.

The verified second amended petition asserted that the plaintiff exceeded the authority granted in the purported warrant to confess judgment. It also stated the defense relied…