Paramount Paper Tube Corp. v. Capital Engineering & Manufacturing Co.

JUDGE SCHWARTZ

delivered the opinion of the court.

Plaintiff brought this suit to recover damages for violation of the Illinois Bulk Sales Act and to impose a lien on goods transferred in violation of the Act.

On February 11, 1954, the three defendants-appellants, whom we will call defendants, were defaulted for failure to file answer, and judgment was entered against them in the sum of $3,182.06. No execution was served until August 11, 1955. On August 17, 1955, defendants filed a verified petition seeking to set aside the judgment. A motion to dismiss the petition was filed by plaintiff…