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KING v. EQUITY MORTGAGE CORP.

No. 77-330.

52 Ill. App.3d 141 (1977)

367 N.E.2d 268

WARREN E. KING, Plaintiff-Appellant, v. EQUITY MORTGAGE CORPORATION, Defendant. — (UNITED OF AMERICA BANK, Garnishee-Appellee.)

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied September 19, 1977.

Attorney(s) appearing for the Case

King and Braude, of Chicago, for appellant.

Ivan M. Rittenberg, of Chicago, for appellee.

Order reversed.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

The plaintiff, Warren E. King, appeals from an order entered on October 25, 1976, pursuant to section 72 of the Civil Practice Act vacating a default judgment against the garnishee defendant, United of America Bank. Subsequently the trial court dismissed the action against the garnishee.

The garnishee was served with the initial interrogatories prior to February 20, 1976. After...

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