Windmon v. Banks

Defendant, Johnnie Banks, appeals from an order which vacated a prior order dismissing the cause for want of prosecution. The order of vacatur was entered upon a petition filed on behalf of plaintiff, Ann L. Windmon, pursuant to section 72 of the Civil Practice Act (Ill. Rev. Stat. 1973, ch. 110, par. 72).

■ The sole issue on appeal is the sufficiency of the petition to sustain the order of vacature. Defendant contends that plaintiff’s motion failed to allege or prove diligence on the part of plaintiff or her attorney and that plaintiff’s petition was supported solely by the affidavit of her…