#### Leopold Brodowicz, Appellee, v. Dominik Giaczas, Appellant.

Gen. No. 17,686.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. H. Sterling Pomeroy, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911,

Affirmed.

Opinion filed October 9, 1913.

*11Abstract of the Decision.

1. Judgments, § 298*—power to vacate, after term. Court has no power after the term has expired to vacate a judgment entered by court on motion of plaintiff in violation of a rule of court requiring notice to the opposite party.

2. Judgments, § 298*—when cannot Be vacated for errors of law. Court’s entry of a judgment in violation of a rule of court is an error of law for which court cannot set aside judgment after the term has expired.

Statement of the Case.

Action by Leopold Brodowicz against Dominik Giaczas. Judgment on motion of plaintiff was entered against defendant for failure to file sufficient affidavit of merits. From an order of court denying motion to vacate the judgment, defendant brings error.

Michael B. Roderick, for appellant.

John O. Wagner and Ignatius Beckman, for appellee.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Presiding Justice McSurely

delivered the opinion of the court.