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Household Finance Corp. v. Cage

ILLINOIS APPELLATE COURT — FIRST DISTRICT, FIRST DIVISION.


OCTOBER 6, 1969.

HOUSEHOLD FINANCE CORPORATION, A CORPORATION, PLAINTIFF-APPELLEE,

v.

WILL T. CAGE, LOISTEEN CAGE, DEFENDANTS-APPELLANTS.

Appeal from the Circuit Court of Cook County; the Hon. GLENN T. JOHNSON, Judge, presiding. Judgment reversed.

MR. PRESIDING JUSTICE ADESKO DELIVERED THE OPINION OF THE COURT.

This is an appeal by Will T. Cage and Loisteen Cage from a default judgment of $337.92 against them in the Circuit Court of Cook County on June 25, 1963, and from an order of February 1, 1968, denying their motion to vacate said judgment. The defendants-appellants seek reversal of said orders by this appeal.

Defendants filed their brief, abstract and record and complied with all statutory requirements and rules of this court. No appearance or brief was filed in this court by the plaintiff-appellee. In Algozino v. Police Board, 111 Ill. App.2d 34, 249 N.E.2d 720, released August 11, 1969, this court ruled that "Where an appellee has not filed a brief in the reviewing court, the order or judgment which is the subject of the appeal may be reversed without consideration of the cause on its merits." The same result was reached in Parkside Realty Co. v. License Appeal Commission, 87 Ill. App.2d 374, 231 N.E.2d 654 (1967) and the cases cited therein.

We conclude that the trial court's orders of June 25, 1963, and of February 1, 1968, are reversed.

Judgment reversed.

MURPHY and BURMAN, JJ., concur.

19691006

© 2002 VersusLaw Inc.



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