Tucker v. McNulty

Plaintiff Robert Tucker, as father and next friend of Mark Tucker, obtained a default judgment against defendant Patrick McNulty, a Chicago police officer, for failure to file an appearance or plead after the police department was served with his summons. The trial court subsequently granted McNulty’s section 2 — 1401 petition (Ill. Rev. Stat. 1985, ch. 110, par. 2 — 1401) to vacate the default judgment and denied plaintiff’s motion for rehearing. On appeal, plaintiff maintains that the trial court abused its discretion in vacating the default judgment because McNulty failed to sufficiently…