Becker v. Pescaglia

This is an action by a number of plaintiffs for an injunction and for money damages caused by overflow of water on their property allegedly caused by the defendant. The complaint has 25 counts and prays for $123,000 damages. Return day was October 1, 1973. Plaintiffs, the next day, on October 2, 1973, secured an order whereby the defendant was judged to be in default, and the complaint was ordered to be taken as confessed against him. The Circuit Court of Tazewell County, on October 29, refused to set aside the default orders and on November 6 refused to reconsider.

Affidavits show that after…