Mangiamele v. Terrana

Mr. PRESIDING JUSTICE LORENZ

delivered the opinion of the court:

The executor of defendant’s estate appeals from an order denying his petition to vacate a judgment by confession. He contends a petition to vacate and set aside a judgment by confession being equitable in nature should be granted where the petition and affidavits disclose a prima facie defense.

On January 19, 1976, defendant’s executor filed a verified “Petition to vacate and set aside judgment by confession.” He alleged that plaintiff was an attorney who had been retained by defendant during her lifetime and had filed a claim…