Williams v. A. E. Staley Manufacturing Co.

The appellant never questioned the sufficiency of the motion to reinstate as a proper section 72 petition, and, as the majority opinion notes, both parties have treated the motion as a proper section 72 petition, at least as to form, in this court. While section 72 of the Civil Practice Act requires matters not of record to be supported by “affidavit or other appropriate showing,” this court has held that the failure of the party opposing the petition to question in the trial court the sufficiency of the petition for lack of verification or other appropriate showing constitutes a waiver of…