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TROBIANI v. RACIENDA

Gen. No. 52,023.

95 Ill. App.2d 228 (1968)

238 N.E.2d 177

Kathleen Trobiani, a Minor, by Her Next Friend, Ralph Trobiani, Plaintiff-Appellee, v. Benjamin Racienda and Alice Racienda, Defendants-Appellants.

Appellate Court of Illinois — First District, Second Division.

Rehearing denied June 4, 1968.

Attorney(s) appearing for the Case

Favil David Berns, of Chicago (Myer H. Gladstone, of counsel), for appellants.

Frederick J. Bertram, of Chicago, for appellee.

MR. JUSTICE McNAMARA delivered the opinion of the court.

Defendants appeal from an order denying their petition filed under section 72 of the Civil Practice Act to vacate and set aside a default judgment entered against defendants in the sum of $7,000.

Plaintiff filed the complaint along with a jury demand on September 30, 1959. Both defendants were served with summons on October 16, 1959, but did not file an appearance or answer. An order of default was entered...

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