Chase v. Cummingham

In accordance with Supreme Court Rule 304(b) (3) (Ill. Rev. Stat. 1977, ch. 110A, par. 304(b)(3)), defendant Ralph Burgholzer appeals from the denial of his petition pursuant to section 72 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 72), which sought to vacate a default judgment. The sole issue on review is whether the trial court abused its discretion in denying the petition.

On October 20, 1972, Joseph Chase, plaintiff, and Ralph Burgholzer, defendant, were involved in an automobile accident. On July 3, 1972, plaintiff filed suit against both defendant and defendant’s…