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BANK OF VIOLA v. NESTRICK

No. 80-389.

94 Ill. App.3d 511 (1981)

418 N.E.2d 515

BANK OF VIOLA, Plaintiff-Appellee, v. DONALD NESTRICK, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed March 25, 1981.

Attorney(s) appearing for the Case

Craig E. Collins, of Barash & Stoerzbach, of Galesburg, for appellant.

Dwight L. Shoemaker, of Conway & Shoemaker, of Aledo, for appellee.

Reversed and remanded.

Mr. JUSTICE ALLOY delivered the opinion of the court:

Defendant, Donald Nestrick, appeals from the denials of his petition to set aside an order of default and denial of his motion to vacate judgment by default. A default judgment had been entered by the circuit court in favor of the plaintiff, Bank of Viola (hereinafter Bank). The question on appeal is whether the court erred in not vacating the default judgment and thereby permitting...

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