Legal Opinion · Dissent

Farmer v. Fowler

Appellate Court of Illinois

Decided February 8, 1919No. Gen. No. 6,608Published

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

  1. Walter Cabinet Co. v. RussellIllinois Supreme Court · 1911
  2. Davis v. LangIllinois Supreme Court · 1894
  3. Castle v. JudsonIllinois Supreme Court · 1856
  4. Harmon v. CallahanIllinois Supreme Court · 1918
  5. Cook v. ForestIllinois Supreme Court · 1857

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API