#### Charles M. Hoff, Appellee, v. American Development Company, Appellant.

Gen. No. 18,678.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Charles A. McDonald, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1912.

Reversed and remanded.

Opinion filed November 4, 1913.

*193Abstract of the Decision.

1. Judgments, § 302 * —when not to be vacated 6y infant. A minor filed a bill to vacate a judgment in the Municipal Court of Chicago for fraud on the ground it had been satisfied by paying the money to his father without his knowledge or approval. The plea set out the filing of a petition in the Municipal Court similar to the bill, that an order of continuance therein had not been complied with or any exception or appeal taken, and that the guardian’s subsequent motion in the same proceeding to vacate the judgment was denied without any exception or appeal taken. Held, either that a final order had been entered or the proceeding was still pending and the plea should be sustained and bill dismissed.

2. Municipal Court of Chicago, § 19 * —nature of proceeding to vacate judgment. A petition in the Municipal Court of Chicago to vacate a judgment filed pursuant to the Municipal Court Act, § 21, J. & A. 3333, is in the nature of an equitable proceeding.

Mr. Justice Clark took no part in this decision.

Statement of the Case.

Bill by Charles M. Hoff, a minor, by Walter F. Sommers, guardian, against the American Development Company, a corporation, to vacate a judgment in his favor for fraud. From a decree pro confesso for complainant entered upon bill and plea supported by answer, defendant appeals.

Goodrich, Vincent & Bradley, for appellant; Warren Nichols, of counsel.

Edward Maher and Frank D. Burgess, for appellee; Harry F. Brewer, of counsel.

*

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

Mr. Justice Barnes

delivered the opinion of the court.