AGORIANITIS v. RESS

No. 76-1252.

55 Ill. App.3d 325 (1977)

371 N.E.2d 10

NICK AGORIANITIS, Plaintiff-Appellee, v. JOHN RESS, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied January 3, 1978.


Attorney(s) appearing for the Case

George J. Skontos and Morgan, Lanoff, Denniston & Madigan, Ltd., both of Chicago (James E. McParland, of counsel), for appellant.

Vincent J. Tolve, of Chicago, for appellee.


Order affirmed.

Mr. JUSTICE JIGANTI delivered the opinion of the court:

On June 14, 1972 a judgment was entered in favor of the plaintiff, Nick Agorianitis, and against the defendant, John Ress. Over three years later, on October 2, 1975, the defendant filed a petition under section 72 of the Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, par. 72) to vacate that judgment. Section 72 provides in pertinent part:

"(3) The petition must be filed not...

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