Georges v. Mallare

deHvered the opinion of the court:

Plaintiffs brought an action in forcible entry and detainer to recover rent and possession of the premises. Defendants, who filed an appearance, were not present at the hearing at which a default judgment was entered. Within 30 days the defendants filed a motion to vacate the judgment. While the motion was pending, but before there was a hearing, the sheriff removed defendants from the premises. The trial court thereafter denied the motion.

The issue on appeal is whether the trial court should have granted the motion to vacate the judgment and set the case for…