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MANGIAMELE v. TERRANA

Nos. 76-373, 76-778 cons.

42 Ill. App.3d 305 (1976)

355 N.E.2d 765

DANIEL D. MANGIAMELE, Plaintiff-Appellee, v. JOSEPHINE TERRANA, Defendant. — (NATHAN S. SHEFNER, Ex'r of the Estate of Josephine Terrana, Deceased, Petitioner-Appellant.)

Appellate Court of Illinois — First District (5th Division).

Opinion filed September 10, 1976.

Attorney(s) appearing for the Case

Nathan Shefner, of Chicago, for appellant, pro se.

Daniel D. Mangiamele, of Chicago, for appellee, pro se.

Judgments affirmed.

Mr. PRESIDING JUSTICE LORENZ delivered the opinion of the court:

The executor of defendant's estate appeals from an order denying his petition to vacate a judgment by confession. He contends a petition to vacate and set aside a judgment by confession being equitable in nature should be granted where the petition and affidavits disclose a prima facie defense.

On January 19, 1976, defendant's executor filed a verified "Petition...

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