#### Charles F. Thurn, trading as John L. Thurn & Company, Appellee, v. Bertha C. Schwartz, Administratrix et al., Defendants. On Appeal of Marie Bade and Bertha C. Schwartz, Administratrix, Appellants.

Gen. No. 21,274.

(Not to be reported in full.)

Appeal from the Superior Court of Cook County; the Hon. Richard E. Burke, Judge, presiding.

Heard in this court at the March term, 1915.

Affirmed.

Opinion filed January 3, 1916.

Rehearing denied January 17, 1916.

Statement of the Case.

Action by Charles F. Thurn, trading as John L. Thnrn & Company, plaintiff, against Marie Bade and Bertha C. Schwartz, administratrix of the estate of Gustav Bade, deceased, defendants.

On July 23, 1910, a judgment for $573.21 was confessed and entered against Marie Bade and Gustav *360Bade in favor of plaintiff in the Superior Court. Gustav Bade, after entry of judgment, died, and on March 20, 1914, Marie Bade, his codefendant, and Bertha C. Schwartz as administratrix of the estate of Gustav Bade, deceased, moved the Superior Court to vacate the judgment and for leave to plead. This action was allowed. A trial was had before court and jury, which resulted in a verdict finding the issues for the plaintiff. A motion for a new trial being denied, it was ordered that the judgment theretofore rendered July 13, 1910, stand in full force and effect and that plaintiff have execution upon said judgment and for costs. From such judgment, defendants appeal.

Abstract of the Decision.

Judgment, § 80 * —when motion to vacate confessed judgment denied for laches. A delay of four years in moving to vacate a confessed judgment is such laches as to warrant a denial of the motion.

Jones, Keener & Posvic, for appellants; DeWitt C. Jones, of counsel. "

William Schwemm, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Holdom

delivered the opinion of the court.