Hofmann v. Burris
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. This is a proceeding in chancery, brought in the superior court of Cook county by Valentine Hofmann, the appellant, to set aside a judgment theretofore entered by default against him in a suit in assumpsit in said superior court wherein James D. Burris was plaintiff; also to restrain Ernest J. Magerstadt, sheriff of said county, from enforcing the collection of said judgment under an execution theretofore issued to him, 'and…
1Opinion of the CourtJustice Scott
The judgment here assailed was recovered upon default of the defendant in the suit at law, who is appellant here. Section 40 of chapter 110 of Hurd’s Revised Statutes of 1903 provides: “The court may, in its discretion, before final judgment, set aside any default, and may, during the term, set aside any judgment upon good and sufficient cause, upon affidavit, upon such terms and conditions as shall be deemed reasonable.” Under this statute we have held that where an application is made to set aside a judgment by default during the term, the same should be granted by the court where it…
2Cases cited7 opinions
- Simpson v. HartNew York Court of Chancery · 1814
- Smith v. LowryNew York Court of Chancery · 1814
- Gordon v. ReynoldsIllinois Supreme Court · 1885
- Mason v. McNamaraIllinois Supreme Court · 1870
- Wilday v. McConnelIllinois Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Deke v. HuenkemeierIllinois Supreme Court · 1919
- Miller v. BartoIllinois Supreme Court · 1910
- Stoecklin v. PaulosAppellate Court of Illinois · 1958
- Ferriman v. GillespieIllinois Supreme Court · 1911
- Clark v. ChandlerAppellate Court of Illinois · 1918