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LA VIDA, INC. v. ROBBINS

Gen. No. 11,485.

33 Ill. App.2d 243 (1961)

178 N.E.2d 412

La Vida, Inc., an Illinois Corporation, and La Salle National Bank, a National Banking Association as Trustee Under the Provisions of La Salle National Bank Trust No. 21604, Plaintiffs-Appellants, v. Samuel A. Robbins, et al. (Victor L. Glader, et al.), Defendants-Appellees.

Appellate Court of Illinois — Second District, First Division.

December 4, 1961.

Attorney(s) appearing for the Case

Grosshandler, Pauker, and Shelly, of Highland Park, Edward R. Fischl, of Oak Park, for appellant.

Dixon & Seidenfeld, of Waukegan, Drake Leoris, of Chicago, for appellee.

SMITH, J.

[1] Plaintiffs appeal from an order setting aside their default judgment. Defendants' successful attack was launched pursuant to Section 50(6) of the Civil Practice Act [Ill. Rev Stats 1959, c 110, § 50(6)], which authorizes relief of this kind on motions filed within thirty days after entry. Plaintiffs' lawsuit, therefore, is back again at the complaint stage. As a preliminary point defendants could question the right of the plaintiffs...

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