Cannata v. White Owl Express, Inc.

This is an action for damages under the Injuries Act (Chapter 70, Sections 1 and 2, Illinois Revised Statutes [Jones Ill. Stats. Ann. 38.01, 38.02]) for wrongful death of a boy not yet eight years old. Defendants were defaulted, jury waived, finding made, and judgment entered for plaintiif for $10,000.00 in October 1946. In January 1947, defendants filed a Special Appearance, made a motion to vacate and declare null and void the default judgment for lack of jurisdiction. December 29, 1948, the motion was denied and defendants have appealed from the order of denial.

The complaint was filed May…