Rixmann v. Witwer

Full title: Reinhard Rixmann, Appellant, v. C. W. Witwer and Nellie S. Witwer…

Court: Appellate Court of Illinois, Fourth District

Date published: Oct 26, 1945

327 Ill. App. 205 (Ill. App. Ct. 1945)

63 N.E.2d 607

Opinion

Term No. 45M1.

Opinion filed October 26, 1945 Released for publication November 27, 1945

CONFESSION OF JUDGMENT, § 59^_ — when showing of diligence or meritorious defense not necessary. Where judgment by confession was entered in action on note, and defendant filed verified motion on limited appearance to vacate such judgment, alleging court lacked jurisdiction, and plaintiff contended question of venue was waived unless raised at earliest opportunity, held that, as judgment was entered without jurisdiction, motion to vacate was not addressed to court's equitable powers, and it was not necessary to make showing of diligence or meritorious defense, but only to call court's attention to lack of jurisdiction.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Jefferson county; the Hon. W. JOE HILL, Judge, presiding.

Affirmed. Heard in this court at the May term, 1945.

Robert M. Washburn, for appellant;

Russell Wilson, for appellees.

Opinion by PRESIDING JUSTICE STONE.

Not to be published in full. Opinion filed October 26, 1945; released for publication November 27, 1945.