Zimmerman Equipment Co. v. F. R. Orr Grain Co.

Plaintiff filed suit to collect on a note in Montgomery County, and while that cause was pending, obtained judgment by confession for $43,659 in Kankakee County on the same note and against the same defendants. Within 30 days defendants filed a motion to vacate the confessed judgment in Kankakee County and, as a prima facie defense, filed a motion to dismiss this cause under section 48(c) of the Civil Practice Act (Ill. Rev. Stat., ch. 110, § 48(c)), on grounds that a prior suit on the same note between the same parties was pending in another county. The trial court set aside the judgment,…