Cole v. Atkinson

This is an appeal from .the judgment of the circuit court quashing a statutory certiorari to justice’s court for insufficiency of petition. " We are inclined to the opinion that the petition sufficiently shows by the facts set forth that the judgment before the justice was not the result of negligence in the defendant Cole, the petitioner, and that its facts in this respect distinguish it from the case of Rational Bank v. Beresford, 78 Ill. 391. There the defendant was guilty of negligence in not appearing until an hour after the time when the court might lawfully and within the understanding…