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DALE JEWELERS, INC. v. WALKER

Gen. No. 48,888.

44 Ill. App.2d 224 (1963)

194 N.E.2d 509

Dale Jewelers, Inc., and William Zimmerman, Plaintiffs-Appellants, v. Robert Walker, Judgment Debtor, and Morton Balch, d/b/a Balch Realty Management Co., Garnishee Defendant-Appellee.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied December 5, 1963.

Attorney(s) appearing for the Case

Harry D. Plotnick, and Chino & Schultz, both of Chicago, for appellants.

Westbrooks, Holman & E.F. Johnson, all of Chicago (Claude W.B. Holman, and Evelyn F. Johnson, of counsel), for appellee.

MR. JUSTICE DEMPSEY delivered the opinion of the court.

This is a garnishment action wherein the judgment against the garnishee defendant was vacated because of a jurisdictional defect, three years and ten months after it was entered. The plaintiffs appeal from the order vacating the judgment.

The garnishee defendant's motion to dismiss the appeal, which was taken with the case, is denied.

In June 1958, the plaintiff, Dale Jewelers, Inc., judgment...

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