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EDWARD HINES LUMBER CO. v. SMITH

Gen. No. 11,387.

29 Ill. App.2d 35 (1961)

172 N.E.2d 429

Edward Hines Lumber Co., a Corporation, Appellee, v. H.C. Smith and Don Erickson, d/b/a Glen Builders. H.C. Smith, Appellant.

Appellate Court of Illinois — Second District, Second Division.

January 16, 1961.

Attorney(s) appearing for the Case

Martin Faier, of Chicago, for appellant.

John P. Loftus and Joseph J. Fitzgerald, of Chicago, for appellee.

WRIGHT, J.

Defendant, H.C. Smith, filed in the trial court a petition to vacate a default judgment which had been entered against him for $725.09 and to quash service of summons. Defendant's petition to vacate the default judgment alleged that he was never served with summons and sets up the defense that he was never indebted to the plaintiff in any amount. After a hearing before the court, without a jury, an order was entered denying the petition to vacate the judgment...

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