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DAILY JOURNAL v. SMITH

Gen. No. 69-31.

118 Ill. App.2d 411 (1969)

254 N.E.2d 307

Daily Journal, a Corporation, Plaintiff-Appellee, v. Andy Smith, Defendant-Appellant.

Appellate Court of Illinois — Second District.

December 31, 1969.

Attorney(s) appearing for the Case

Idarius, Rubin and Zahn Associates, of Lombard, for appellant.

Chase, Wotan and Muscarello, of Elgin, for appellee.

MR. JUSTICE ABRAHAMSON delivered the opinion of the court.

A small-claim complaint was filed in the Circuit Court of Kane County by plaintiff to recover on a claim for fraud. A default judgment was entered and the defendant, within 30 days, filed a motion to vacate the judgment which was denied. Defendant appealed to this court from the default judgment and the denial of the motion to vacate.

On July 5, 1968, the plaintiff filed a small-claim complaint stating...

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