Acosta v. Burris

MR. PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

Plaintiff appeals from an order vacating a default judgment for personal injuries and granting defendant leave to appear and defend. Defendant’s motion and supporting affidavits, treated by the court and counsel as a petition filed under the provisions of section 72 of the Civil Practice Act, were based upon the theory that defendant was never personally served with summons.

The determinative question presented is whether valid service of summons was obtained on defendant. It is accepted in Illinois that “where a defendant has not…