Schroer v. Wessell
Illinois Supreme Court
Writ of Error to the Circuit Court of St. Clair county; the Hon. William H. Snydee, Judge, presiding. This was assumpsit, by Bernhard Wessell against John B. Schroer, John Behrmann and Henry Kramper, upon a promissory note of the defendants, dated Nov. 26, 1867, for $800, payable to the plaintiff twelve months after the date thereof. At the April term, 1876, Schroer filed the general issue, and a default was taken against Behrmann and Kramper.
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Writ of Error to the Circuit Court of St. Clair county; the Hon. William H. Snydee, Judge, presiding. This was assumpsit, by Bernhard Wessell against John B. Schroer, John Behrmann and Henry Kramper, upon a promissory note of the defendants, dated Nov. 26, 1867, for $800, payable to the plaintiff twelve months after the date thereof. At the April term, 1876, Schroer filed the general issue, and a default was taken against Behrmann and Kramper. On May 17, 1876, the latter entered a motion to set aside the default against him, based upon his affidavit, which motion the court overruled. A trial-…
1Opinion of the CourtJustice Scott
One ground of error insisted upon is, the court refused to set aside the default previously entered against defendant Kramper. While the court might, with great propriety, under the circumstances proved, have set aside the default and permitted defendant to plead, before the cause was reached for trial, yet we can not say there has been any such abuse of that sound discretion with which the court is clothed as would justify this court in reviewing its decision. Setting aside defaults has always been held to be a matter within the sound legal discretion of the court, and unless there has been…
2Cases cited2 opinions
- Leggat v. Sands' Ale Brewing Co.Illinois Supreme Court · 1871
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