George F. Mueller & Sons, Inc. v. Ostrowski

Plaintiff appeals from an order vacating a judgment. The issue is whether the trial court abused its discretion in vacating the judgment which was entered in ex parte proceedings.

On October 18, 1968, plaintiff filed a complaint alleging breach of contract. Plaintiffs attorney of record was Oscar Harman. (The record indicates, however, that the affidavit of compliance with Circuit Court Rule 0.9 was executed by attorney J. Edward Jones.)

On November 14, 1968, defendants filed their appearance and answer to the complaint. Thereafter, the cause was called for trial, and was continued on eight…