Schultz v. Gignac

Plaintiff, John Schultz, obtained a judgment by confession in the amount of $16,000 on a promissory note signed by defendants, George Gignac and James Michaels. This judgment was confirmed as to defendant Gignac only. Defendant Gignac appeals from an order of the circuit court, denying his motion to open the aforesaid judgment. He maintains that the trial court erred in denying his motion to open the judgment by confession in that the court failed to properly consider certain affidavits by competent witnesses and the exhibits attached thereto and that it incorrectly struck his affidavit.

Prior…