Mallin v. Najarian

Plaintiffs brought this action under the Forcible Entry and Detainer Act (Ill. Rev. Stat. 1977, ch. 57, par. 1 et seq.) seeking possession of real estate. After a trial without a jury, the trial court awarded possession to plaintiffs, staying the issuance of the writ of restitution for 30 days. After completion of the 30-day stay, the court granted plaintiffs’ motion for the issuance of the writ of restitution. In so doing, the trial court found that defendants had cured all defaults within the period of the stay, but had failed to file a motion to vacate the judgment within that period.…