[DOWNLOAD] "Elfman v. Evanston Bus Co." by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free

eBook details

Title: Elfman v. Evanston Bus Co.
Author : Supreme Court of Illinois
Release Date : January 25, 1963
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

Rehearing denied May 29, 1963. This appeal stems from an order of the municipal court of Evanston denying defendant's amended petition, filed 30 days after judgment time under section 72 of the Civil Practice Act, to vacate a $10,000 default judgment. The Appellate Court, after finding that defendant's counsel had been guilty of inexcusable neglect in failing to present a defense, affirmed the order of the trial court. (Elfman v. Evanston Bus Co., 36 Ill. App.2d 469.) We have granted defendant's petition for leave to appeal in order to further review the matter, and it may be stated at the outset that we are fully in accord with so much of the opinion of the Appellate Court which holds, first, that the issues on appeal are confined to those raised by defendant's amended petition, as amended, thus rendering superfluous and irrelevant plaintiff's arguments based on defendant's original, or superseded petition, and, second, that plaintiff's motion to strike the amended petition must be taken to have admitted all well-pleaded allegations of fact. (See: 36 Ill. App.2d 469, at 473.) The issue presented is whether the amended petition and its supporting exhibits and affidavits, not denied and therefore taken as true, adequately set forth sufficient facts to show that the trial court abused its discretion in denying the petition.