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O'CONNELL v. PRUDENCE MUTUAL CAS. CO.

Gen. No. 47,729.

23 Ill. App.2d 364 (1959)

163 N.E.2d 213

Edward O'Connell, Appellant, v. Prudence Mutual Casualty Company, Appellee.

Appellate Court of Illinois — First District, Second Division.

Released for publication January 19, 1960.

Attorney(s) appearing for the Case

Edward D. Lapperre and A. Denison Weaver, of Chicago, for plaintiff-appellant.

Epton, Scott, McCarthy, and Epton, of Chicago (Saul A. Epton and Alfred S. Druth, of counsel) for defendant-appellee.

JUSTICE BURMAN delivered the opinion of the court.

This is an appeal by plaintiff from an order vacating a default judgment at law more than thirty days after its entry. On October 23, 1958, and while a motion to strike and dismiss was still pending, an ex parte judgment was entered against defendant for $1400. On December 23, 1958, defendant filed a petition to vacate the judgment and, among other things, alleges that the taking of the ex parte judgment was a breach...

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