Hall v. McMillian

Mr. PRESIDING JUSTICE GEORGE J. MORAN

delivered the opinion of the court:

Plaintiff appeals from an order of the Circuit Court of Marion County entered pursuant to a motion filed by defendant Straith under Section 72 of the Civil Practice Act (Ill. Rev. Stat, ch. 110, par. 72), which vacated a prior default judgment as to the issues of damages. The order left undisturbed the judgment in regard to the question of liability. Straith did not cross appeal.

Straith was personally served with summons on October 2, 1970. He did not appear or plead, and on November 19, 1970, an order of default was…