Farmer v. Fowler
Appellate Court of Illinois
Appeal from the Circuit Court of Lake county; the Hon. Robert K. Welsh, Judge, presiding. Heard in this court at the October term, 1918.
1Dissent
Mr. Presiding Justice Dibell
dissenting.
I dissent from that part of the foregoing opinion which holds that the court properly struck the answer from the files and defaulted the defendants. They had filed their answer after their time to answer had expired but before their application for default had been made. The answer was a complete answer to the bill.
In Dunn v. Keegin, 4 Ill. (3 Scam.) 292, an order had been entered giving the defendants time to answer until June 1st and it had then been also ordered that if the answer was not filed by that date the bill should be taken as confessed and…
2Cases cited9 opinions
- Walter Cabinet Co. v. RussellIllinois Supreme Court · 1911
- Davis v. LangIllinois Supreme Court · 1894
- Castle v. JudsonIllinois Supreme Court · 1856
- Harmon v. CallahanIllinois Supreme Court · 1918
- Cook v. ForestIllinois Supreme Court · 1857
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