Brunswick-Balke-Collender Co. v. O'Donnell
Appellate Court of Illinois
Motion to open a default, set aside a judgment and allow the defendant to plead. Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. This is an appeal from an order and judgment of the Superior Court of Cook County, overruling the motion of the defendant asking that a default be opened, judgment set aside, and the defendant allowed to plead.
Read the full summary
Motion to open a default, set aside a judgment and allow the defendant to plead. Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. This is an appeal from an order and judgment of the Superior Court of Cook County, overruling the motion of the defendant asking that a default be opened, judgment set aside, and the defendant allowed to plead. The action was commenced by issuing summons on the 21st day of August, 1900; this summons was served, and a declaration was thereafter filed. The…
1Opinion of the CourtJustice Waterman
This action was brought for the benefit of the next of kin of a child—some eight years old—resulting from the alleged wrongful act of appellant.
Appellant had left in an alley a wagon rack leaning up against the wall of a building. The leaving of this rack in such place was in violation of chapter 61, article 1, section 1881 of the ordinances of the city of Chicago. According to affidavits introduced by appellant upon the motion to set aside the judgment, the rack leaned against the wall in such a manner that it could not fall “ unless it was pushed out from the building by some force; ” that…
2Cases cited8 opinions
- Mendell v. KimballIllinois Supreme Court · 1877
- Hall v. First National BankIllinois Supreme Court · 1890
- Hinckley v. DeanIllinois Supreme Court · 1882
- Union Hide & Leather Co. v. WoodleyIllinois Supreme Court · 1874
- Thielmann v. BurgIllinois Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lapka v. Chicago City Railway Co.Appellate Court of Illinois · 1908