Chicago Catholic Workers' Credit Union v. Rosenberg

Mr. Presiding Justice Burke

Dissenting:

When a garnishee appears or makes discovery the court does not enter a conditional judgment. In the instant case the garnishee appeared and the court had complete jurisdiction over it. Having appeared, the provisions of section 8 of the Garnishment Act were not applicable to the garnishee. The trial judge was right when he entered a final judgment against the garnishee in default of an answer. See Toledo, Wabash & Western R. R. Co. v. Reynolds for Use of Marx, 72 Ill. 487; Carter v. Lockwood, 15 Ill. App. 73, 75; Motor Car Securities Corp. v. Shockley, 233 Ill. App. 346, 352; and section 337 of Stelk on Attachment and Garnishment in Illinois. In my opinion the order vacating the judgment is a final and appealable order. The garnishee attempted to vacate a final judgment after the expiration of the 30-day period within which the court had plenary jurisdiction to do so. Thereafter it could only do so under the provisions of the Municipal Court Act, by a motion in the nature of a writ of error coram nobis or by a petition similar to a petition filed in a complaint in equity. If the garnishee did not proceed under the provisions of section 21, then it was proceeding without any authority. The court, in vacating the judgment, entered a final order from which plaintiff had a right to appeal.