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F. Gerald Thomas, Appellant, v. Benjamin Melmed, Appellee.

DEFAULTS, § 112 — vacation, waiver of objection by proceeding to trial. Where plaintiff objected that default judgment in his favor was improperly vacated and defendant permitted to defend, such objection was waived by plaintiff proceeding to trial on the merits, and plaintiff was estopped from questioning ruling by trial court on the preliminary motions after having had a judgment rendered against him on the merits.

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

Opinion by JUSTICE DENIS E. SULLIVAN.

"Not to be published in full." Opinion filed April 23, 1941.

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THOMAS v. MELMED
(Apr 23, 1941)