Kammes v. Seger

Mr. PRESIDING JUSTICE GUILD

delivered the opinion of the court:

The plaintiff herein appeals from an order of the circuit court granting defendants’ petition to vacate a default judgment of July 15, 1969, pursuant to section 72 of the Civil Practice Act (Ill. Rev. Stat. 1973, ch. 110, par. 72). The court further set the cause for trial on May 23,1974. The plaintiff first contends that the trial court lacked jurisdiction to hear defendants’ section 72 petition in that defendants failed to serve notice upon the plaintiff personally, as provided for in Supreme Court Rules 105 and 106 (Ill. Rev.…