Merrifield v. Western Cottage Piano & Organ Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit Court of LaSalle county; the Hon. Edgar Eldredge, Judge, presiding.
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Appeal from the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit Court of LaSalle county; the Hon. Edgar Eldredge, Judge, presiding. At the June term, 1907, of the circuit court of LaSalle county, appellee, Mary C. Merrifield, obtained a judgment by default in an action of assumpsit against the Western Cottage Piano and Organ Company, L. W. Merrifield and T. W. Burrows for $20,084.49. June 29, eight days after the judgment was entered, the defendant T. W. Burrows entered a motion to set aside the default and open up the judgment and for leave to…
1Opinion of the CourtJustice Carter
Appellant contends that the stay order entered by the trial court June 29, 1907, applied to all the defendants in that court, while appellee contends that it clearly applied only to defendant T. W. Burrows, and the Appellate Court so held. If the order be construed as setting aside the default only as to defendant Burrows, then it was erroneous, as the default should have been set aside as to all the defendants or none. (Gould v. Sternburg, 69 Ill. 531, and cases cited Puller v. Robb, 26 id. 246.) It is conceded that the execution as issued ón February 8, 1908, against two of the defendants…
2Cases cited8 opinions
- Oakes v. WilliamsIllinois Supreme Court · 1883
- Byers v. First National BankIllinois Supreme Court · 1877
- Hobson v. McCambridgeIllinois Supreme Court · 1889
- Reynolds v. PerryIllinois Supreme Court · 1850
- Gould v. SternburgIllinois Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Cowdery v. Northern Trust Co.Appellate Court of Illinois · 1944
- Village of Depue v. BanschbachIllinois Supreme Court · 1916
- American Smelting & Refining Co. v. City of ChicagoIllinois Supreme Court · 1951
- State ex rel. Adamson v. District Court of the Fourth Judicial DistrictMontana Supreme Court · 1955
- Finlen v. SkellyIllinois Supreme Court · 1923
21 more not listed; retrieve them via the Exa API.