Walentarski v. Racine

Plaintiff filed his declaration in the circuit court of Cook county for money had and received by the defendant, summons issued and was served in regular order, but the defendant failed to appear. Together with the declaration was a copy of the account sued on and plaintiff’s affidavit of the amount due.

June 7, 1928, judgment was entered by default in favor of the plaintiff. June 15, 1928, defendant appeared and entered his motion to set aside the default and vacate the judgment. This motion was continued from time to time until September 29, 1928, at which time defendant was given leave to…