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DROSS v. FARRELL-BIRMINGHAM CO., INC.

Gen. No. 49,278.

51 Ill. App.2d 192 (1964)

200 N.E.2d 912

Frank Dross, Plaintiff-Respondent-Appellant, Inland Steel Company, a Corporation, Intervenor-Respondent-Appellee, v. Farrell-Birmingham Company, Inc., a Corporation, Defendant-Petitioner-Appellee.

Appellate Court of Illinois — First District, Third Division.

June 25, 1964.

Attorney(s) appearing for the Case

Schultz, Krinsley, Voorheis & Hedberg, of Chicago (Raymond Harkrider, of counsel), for appellant.

Gerard E. Grashorn and Edward J. Wendrow, of Chicago (Winston, Strawn, Smith & Patterson, of counsel), for appellee.

MR. JUSTICE DEMPSEY delivered the opinion of the court.

This is an appeal from an order vacating a default judgment which the plaintiff Frank Dross obtained against the defendant, Farrell-Birmingham Corporation. The defendant's motion to dismiss the appeal was taken with the case. There are three questions to be decided (1) was the motion made by the defendant within 30 days of the default judgment a motion to vacate; (2) if the motion was a motion to

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