Legal Opinion

Constantine v. Wells

Illinois Supreme Court

Decided September 15, 1876PublishedCited by 9 opinions

Appeal from the Superior Court of Cook county; the Hon. ^0SBPH E- Gary, Judge, presiding.

1Opinion of the Court

Hr. Justice Craig

delivered the opinion of the Court:

This is an appeal from an order of the Superior Court of Cook county, refusing to set aside a judgment rendered by default on the 10th day of August, 1876.

The rule is well established in this State, that a motion to set aside a default is addressed to the sound legal discretion of the court, and unless it appears the discretion has been wrongfully and oppressively exercised, this court, on appeal, will not interfere. Greenleaf v. Roe, 17 Ill. 474; Scales v. Labar, 51 ib. 232.

The summons in this case was issued on the 24th day of June, 1876,…

2Cases cited1 opinion

  1. Greenleaf v. RoeIllinois Supreme Court · 1856

3Cited by9 opinions

  1. Russ v. GilbertSupreme Court of Florida · 1882
  2. Eggleston v. Royal Trust Co.Illinois Supreme Court · 1903
  3. Gage v. City of ChicagoIllinois Supreme Court · 1904
  4. Columbus Mutual Life Ass'n v. PlummerAppellate Court of Illinois · 1899
  5. A. W. Stevens Co. v. KehrAppellate Court of Illinois · 1901

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