Springfield & Northwestern Railway Co. v. Ross

Citations

• 88 Ill. 179

Syllabus

<p>Jcdgment—vacating—affidavit. An affidavit filed by a receiver of a railway company to vacate a judgment in ejectment against the company, in which no one appeared for the company at the trial, and which alleges, on information and belief, that the plaintiff, by a written agreement, in consideration of the promise of the company to pay him a certain sum, sold the land to the company, and that he has reasonable hopes of obtaining the agreement or proving its contents, but which fails to show that the consideration had been paid, is fatally defective in not positively showing the existence of such agreement, and in not showing payment.</p>