Schmidt v. Siegal Trading Co.

On December 31, 1973, plaintiff, Jay H. Schmidt (Schmidt), filed an action in the Circuit Court of Cook County against defendant, Siegal Trading Co. (Siegal). On January 19, 1976, the case was dismissed for want of prosecution.

On January 18, 1978, one year and 364 days later, Schmidt filed a section 72 petition (111. Rev. Stat. 1977, ch. 110, par. 72) to vacate the dismissal order. The petition was granted. Siegal appeals, contending the trial court improperly exercised its discretion in granting section 72 relief.

We reverse the trial court.

Schmidt maintained an account with Siegal for the…