McNulty v. White

Mr. Presiding Justice Barnes

delivered the opinion of the court.

At the January term of the circuit court appellants obtained a judgment as by default against defendant for $9,601.91. Defendant (appellee herein) had duly entered his appearance through his attorneys but had failed to file any pleadings within the time extended therefor. At the next term after the entry of said judgment defendant presented a motion to vacate the same under section 89 of the Practice Act, Cahill’s St. eh. 110, H 89, and with leave of court filed a petition and affidavit by one of his attorneys in support thereof…