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LYONS v. LYONS

No. 71-73.

6 Ill. App.3d 692 (1972)

286 N.E.2d 124

SHIRLEY MAE LYONS, Plaintiff-Counterdefendant, Appellee, v. HARRY F. LYONS, Defendant-Counterplaintiff, Appellant.

Appellate Court of Illinois — Fifth District.

July 21, 1972.

Attorney(s) appearing for the Case

Walker and Williams, of Belleville, (David B. Stutsman, of counsel,) for appellant.

Arthur F. Wendler, of Troy, for appellee.

Reversed and remanded.

Mr. JUSTICE EBERSPACHER delivered the opinion of the court:

This case involves a cognovit promissory note. On November 6, 1969, Shirley Mae Lyons, hereinafter called the plaintiff, took a default judgment by confession against Harry F. Lyons, hereinafter called the defendant. The defendant had no knowledge of the suit or judgment.

The defendant subsequently learned of the lawsuit and the judgment

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