Legal Opinion

Stoller Lumber Co. v. Cosmopolitan National Bank

Appellate Court of Illinois

Decided October 29, 1968No. Gen. No. 53,060PublishedCited by 2 opinions

1Opinion of the Court

MR. PRESIDING JUSTICE BURKE

delivered the opinion of the court:

A final decree to enforce a mechanic’s lien claim was entered on January 29, 1968. On February 9, 1968, the decree was vacated. Plaintiff, appealing, asks that the order vacating the decree be reversed and that the decree be reinstated.

Section 50(5) of the Civil Practice Act provides that the court may on motion filed within thirty days after entry thereof, set aside any final order, judgment or decree upon any terms and conditions that shall be reasonable. There is no appeal from an order entered pursuant to this section. See City…

2Cases cited3 opinions

  1. City of Park Ridge v. MurphyIllinois Supreme Court · 1913
  2. Tinkoff v. WhartonAppellate Court of Illinois · 1951
  3. Natale v. Enterprise Publishing Co.Appellate Court of Illinois · 1967

3Cited by2 opinions

  1. Weilmuenster v. H. H. Hall Construction Co.Appellate Court of Illinois · 1979
  2. Scudder v. ScudderAppellate Court of Illinois · 1979

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