Benson v. Johnson
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding.
1Opinion of the CourtChief Justice Craig
This is an appeal from a judgment rendered in the Superior Court of Cook county, where the cause was taken up and tried out of its order on the docket, under what is known as the “five-day rule” in that court. The power of the court to adopt that rule ivas considered by this court in Fisher v. The National Bank of Commerce, 73 Ill. 34, and it was there held, that the rule was inconsistent with the practice as established by general law, and was void. The decision in the Fisher case has been followed and adhered to in every case Avhere the question has since arisen, and it will not be…
2Cases cited2 opinions
- Fisher v. National Bank of CommerceIllinois Supreme Court · 1874
- Smith v. Third National BankIllinois Supreme Court · 1875