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Erwin Fields et al., Appellees, v. Joseph S. Berg and Tillie Berg et al., Appellants.

JUDGMENTS, § 130 — when order of dismissal of suit properly vacated. In proceeding in nature of writ of error coram nobis by partner to set aside order of dismissal of suit by partnership for breach of contract, order was properly vacated where petition indicated that court was not apprised of facts that partnership was in process of liquidation, that defendants had knowledge thereof, that petitioner did not have notice of stipulation to dismiss suit, entered into between his copartner and defendants, and that misrepresentations concerning notice were made to court by defendants' attorneys.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed December 10, 1947; released for publication January 19, 1948.

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FIELDS v. BERG
(Dec 10, 1947)