Davis Furniture Co. v. Young

Plaintiff appeals from an order of the trial court opening a default judgment against defendant in a replevin action, upon defendant’s motion with supporting affidavits filed more than thirty days after the rendition of judgment.

Plaintiff’s claim of error is that the motion, under section 72 of the Civil Practice Act, was not sufficient to show the due diligence required.

The record shows that the plaintiff filed an “Affidavit for Replevin” on June 15, 1967 (under the 1965 Statutes then in force) in which its agent deposed that plaintiff was lawfully entitled to certain household furnishings…