City of East St. Louis v. Thomas

We think the circuit court properly refused to set aside the default upon the affidavit filed by appellant. The affidavit does not show that appellant at any time called on the clerk of the court for the papers, or that he was in any way whatever misled by the defendant. The affidavit wholly fails to show such a state of facts as would require the court in the exercise of a reasonable discretion, to set aside the default and judgment. Appellee filed a plea of set-off. .This plea is in the nature of a cross-action, and after being filed the plaintiff could not dismiss its action of its own…