Categories: Illinois Appellate Court Opinions

LOCAL LOAN CO. v. NORMAN, 319 Ill. App. 114 (1943)

48 N.E.2d 803

Local Loan Company, Appellee, v. Jack Norman et al., Appellants.

Gen. No. 42,461. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed May 5, 1943

BANKRUPTCY, § 95.1[*] — waiver of defense of discharge. On motion to vacate confession judgment on note, signed by defendants who had been discharged in bankruptcy prior to entering of judgment, where order was entered confirming judgment, and a year later defendants filed petition setting up the facts as to their petitions in bankruptcy, held that, when defendants elected to withdraw their pleadings and caused judgment to be confirmed, they waived any right they may have had to assert their discharges in bankruptcy and for a perpetual stay of execution.

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

Appeal from Municipal Court of Chicago; Hon. FRANK M. PADDEN, presiding.

Order affirmed. Heard in third division, first district, this court at October term, 1942.

Hubbard, Baker Rice and Landon L. Chapman, for appellants;

Newton, Wilhelm Kenny, for appellee.

Opinion by PRESIDING JUSTICE BURKE.

“Not to be published in full.” Opinion filed May 5, 1943.

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