BRANSFIELD CO., v. WILSON, 309 Ill. App. 573 (1941)

33 N.E.2d 500

John M. Bransfield Co., Appellant, v. Bertha V. Wilson, et al., Appellees.

Gen. No. 41,454. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed April 14, 1941.

JUDGMENTS, § 116[*] — vacation after 30 days, judgment entered in violation of agreement. Where parties to foreclosure proceeding made an agreement which was spread on the record that no further action would be taken on the suit until the issues in another suit had been determined, but the clerk did not note this agreement and the cause was subsequently put on the “No Progress” call and a decree entered, defendant was entitled to have the orders vacated and set aside, even though more than 30 days had elapsed from time judgment was entered.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from Superior Court of Cook county; Hon. DONALD S. MCKINLAY, presiding.

Affirmed. Heard in first division, first district, this court at October term, 1940.

Geary V. Stibgen, for appellant;

Johntry FitzGerald, for appellees;

Bertha V. Wilson and Charles J. Wilson, John O’C. FitzGerald, of counsel.

Opinion by JUSTICE MCSURELY.

“Not to be published in full.” Opinion filed April 14, 1941.