Legal Opinion

Leinhart v. Kirkwood

Appellate Court of Illinois

Decided November 27, 1906Published

Action of account. Appeal from the Circuit Court of Christian county; the Hon. Samuel L. Dwight, Judge, presiding. Heard in this court at the May term, 1906.

1Opinion of the CourtJustice Baume

Appellee instituted his action of account against anpellant, alleging a partnership in respect to the purchase, management and sale of certain real estate. Appellant was defaulted for want of a plea, and thereupon the court appointed an auditor to take the account. The final report of the auditor found the amount due from appellant to appellee to be $922.05, and judgment was entered by the court for that amount.

It is urged on behalf of appellant that the court erred in denying appellant’s motion to set aside the default and for leave to plead to the merits. Neither the motion, nor the…

2Cases cited3 opinions

  1. Garrity v. Hamburger Co.Illinois Supreme Court · 1891
  2. Pardridge v. RyanIllinois Supreme Court · 1890
  3. City of Chicago v. EnglishIllinois Supreme Court · 1902

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