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eBook details

• Title: Foutch v. O'Bryant
• Author : Supreme Court of Illinois
• Release Date : January 20, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

James Foutch filed a complaint on February 7, 1979, in the circuit court of Knox County to recover for services performed and to impose a mechanic's lien on real estate of the defendants. Raymond O'Bryant and Terry Hainline, the defendants, filed an answer on March 14, 1979, denying the allegations in the complaint. On March 12, 1982, the cause was called for trial, but the defendants did not appear. An ex parte hearing was held, and the court entered judgment for the plaintiff in the amount of $3,119.80 on March 29, 1982. On April 23, 1982, the defendants filed a motion to vacate the judgment order which was denied on May 17, 1982, by the trial court. The appellate court, in a Rule 23 order (87 Ill.2d R. 23) affirmed the circuit court. (110 Ill. App.3d 1205.) We granted the defendants petition for leave to appeal under Rule 315 (87 Ill.2d R. 315). Plaintiff did not file a brief in this court. After defendants had filed their answer, the trial court scheduled a docket call for December 11, 1981, at which time cases on the docket would be assigned trial dates. On December 11 a trial date for this cause was set for March 12, 1982. The defendants claim that they never received notice of the December 11, 1981 docket call or notice that trial was set for March 12, 1982. The defendants claim that they learned of the March 29, 1982, ex parte judgment only through a credit bureau publication.

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