CONFESSION OF JUDGMENT, § 77 — vacation, burden of proof. In proceeding to vacate judgment by confession, since defendant was allowed to plead upon opening of judgment, the burden was on plaintiff to prove his case as if no judgment had been entered, and such burden was not sustained where note was not introduced into evidence and plaintiff did not prove that it was a negotiable instrument, ownership of note, identity of maker and payee, and the due date, and defendant offered proof that note was executed by a corporation by its president, but erasures left only name of defendant as maker.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by Justice FRIEND.
"Not to be published in full." Opinion filed February 23, 1940.