(DOWNLOAD) "Burnicka v. Marquette National Bank" by Supreme Court of Illinois ~ Book PDF Kindle ePub Free
eBook details
- Title: Burnicka v. Marquette National Bank
- Author : Supreme Court of Illinois
- Release Date : January 21, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
A default judgment that the plaintiffs, Helen Burnicka and Lawrence Burnicka, had taken in the circuit court of Cook County against Petranela Ceckevicene (hereafter the defendant) was vacated on October 31, 1979, upon the allowance of a petition filed by the defendant under section 72 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 72). (Marquette National Bank had been dismissed as a defendant early in the proceedings.) The plaintiffs did not file a notice of appeal from the judgment vacating the default judgment, but within 30 days, on November 27, 1979, they filed a motion to set aside that judgment. The motion was denied, and they filed a notice of appeal within 30 days from the denial. The appellate court, in a Rule 23 order (73 Ill.2d R. 23), dismissed the appeal for want of jurisdiction. (89 Ill. App.3d 1201.) We granted the plaintiffs' petition for leave to appeal. 73 Ill.2d R. 315. The question presented is whether the motion to set aside the judgment that vacated the default judgment tolled the running of the 30-day period for filing a notice of appeal from the judgment vacating the default judgment. We conclude that it did.
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