Gordon v. Excel Wholesale Grocery Co.

Mr. PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Defendant, Harry N. Rutzky, appeals from a denial by the Circuit Court of his Section 72 petition to vacate a judgment entered against him on January 27,1969, in favor of plaintiff.

- On June 17, 1960, plaintiff obtained a judgment by confession in the amount, of $5,414.50 against Excel Wholesale Grocery Co., a corporation, Joseph C. Rutzky and appellant Harry N. Rutzky. On January 3, 1969, plaintiff brought this action against the Rutzkys to revive the 1960 judgment. Roth Rutzkys were served with summons and defaulted. The…