Russell v. Lillja

Citations

• 90 Ill. 327

Syllabus

<p>1. Burnt record—petition to restore record of judgment. Where a petitioner to restore the record of a judgment destroyed by fire, shows in his petition that, the judgment was in his favor, this will sufficiently show his interest and right to file the petition.</p> <p>2. The petition in such case need not specifically aver that the destruction of the record, if not restored, will result in damage to the petitioner. That is sufficiently shown by a statement that he is the plaintiff in the judgment, payment of which can not be enforced until its restoration.</p> <p>3. The petition must state substantially what the record sought to be restored contained, but it is not required to state it in hcec verba, or in minute detail.</p> <p>4. A petition to restore the record of a judgment which alleges that there was a declaration in assumpsit on a promissory note made by the defendant payable to the plaintiff, an appearance of the defendant by attorney in fact, a warrant of attorney filed, and its execution duly proved, a cognovit filed confessing the action and plaintiff’s damages, and an order of court reciting these facts and rendering judgment for the amount, and awarding execution, shows the substance of a good record and judgment by confession. The contents of the declaration, or a description of the note as to date, amount, time of payment, rate of interest, etc., are not essential to be stated in the petition in this character of cases.</p> <p>5. It is not essential that a petition to restore the record of a judgment by confession should state the name of the attorney who entered the defendant’s appearance and filed the cognovit, the substance of the matter being the appearance by attorney, whether his name appears in the order or is omitted.</p> <p>6. Where the record of a judgment by confession is sought to be restored after its destruction, only so much need be stated in the petition as shows the court had jurisdiction of the parties and of the subject matter, an