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William M. Zipperman, Appellee, v. Charles Wiltse and Myrtle Wiltse, Appellants.

CONFESSION OF JUDGMENT, § 51.1 — when judgment will not be vacated on ground of improper venue. Motion to vacate judgment by confession against husband and wife on ground that defendants were residents of Momence, county of Kankakee, and that note upon which judgment was predicated was entered by court in Cook county, which was county other than one where note was executed or where defendants resided, held properly denied where it appeared that wife, for all intents and purposes, resided in Cook county, had her place of business in Chicago, spent every business day in city, and returned to Momence only at such time and on such occasions as her business affairs permitted (Ill. Rev. Stat. 1937, ch. 110, par. 174, subpar. 5; Jones Ill. Stats. Ann. 104.050).

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

Opinion by JUSTICE FRIEND.

"Not to be published in full." Opinion filed March 2, 1943.

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ZIPPERMAN v. WILTSE
(Mar 2, 1943)