Opinion
Gen. No. 43,971. (Abstract of Decision.)
Opinion filed April 21, 1947 Released for publication May 5, 1947
DEFAULTS, § 78 — vacation of default judgment for fraud. Defendant was entitled under section 72 of Civil Practice Act to vacation of default judgment for breach of promise to marry, on ground of plaintiff's fraud, where evidence sustained averments of defendant's affidavit that he could neither read nor write, that, after he was served by sheriff, plaintiff informed him that suit was mistake and to pay no attention thereto, that, in reliance thereon, defendant did nothing until informed that judgment had been entered, and that he never promised to marry plaintiff, since defendant satisfied necessary requirements that he was not negligent, used due diligence and had meritorious defense (Ill. Rev. Stat. 1945, ch. 110, par. 196; Jones Ill. Stats. Ann. 104.072).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. WALTER R. O'MALLEY, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the February term, 1947.
Augustus C. Williams and David J. Maddox, for appellant;
David J. Maddox, of counsel;
John W. Freels and Anne G. Carter, for appellee.
Not to be published in full. Opinion filed April 21, 1947; released for publication May 5, 1947.