Legal Opinion

Roseland Manufacturing Co. v. Arcan

Appellate Court of Illinois

Decided November 12, 1894PublishedCited by 5 opinions

Memorandum.—Appeal from an order vacating a judgment, entered by the Superior Court of Cook County; the Hon. James G-oggin, Judge, presiding. Heard in this court at the October term, 1894, and dismissed.

1Opinion of the Court

Mr. Presiding Justice Shepard

delivered the opinion of the Court.

The declaration in assumpsit in this cause supported by an affidavit of claim, ivas filed at the March term, 1894, of the Superior Court, and service of summons ivas had to the May term thereafter.

What should have been a plea, but was in form, something like an answer in chancery verified, was filed at the May term, but there was no affidavit of merits. On one of the days of the May term, the so-called answer was stricken from the files and default and judgment entered upon the plaintifü’s demand.

At the June term next following,…

2Cases cited1 opinion

  1. Walker v. OliverIllinois Supreme Court · 1872

3Cited by5 opinions

  1. H. J. Andrews & Co. v. Anchor Folding Box Manufacturing Co.Appellate Court of Illinois · 1918
  2. Steward v. ParsonsAppellate Court of Illinois · 1904
  3. People ex rel. Davis v. Superior CourtAppellate Court of Illinois · 1894
  4. Van Zandt v. GormleyAppellate Court of Illinois · 1896
  5. Finkelstein v. LyonAppellate Court of Illinois · 1910

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