Legal Opinion

Cohen v. Davis

Appellate Court of Illinois

Decided October 15, 1913No. Gen. No. 18,279Published

Error to the Municipal Court of Chicago; the Hon. James C. Martin, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.

1Opinion of the CourtJustice Baume

In a case of the fourth class, brought in the Municipal Court by defendant in error against plaintiff in error to recover thirty-nine dollars, plaintiff in error, having failed to file an affidavit of merits or defense, was defaulted for such failure, and thereupon judgment was rendered against him for the amount claimed.

It is insisted by plaintiff in error that “a defendant in the Municipal Court in a fourth class case cannot be defaulted, except for the want of a written appearance. ’ ’

A somewhat similar question was involved in Mc-Whinney v. Gill, 167 Ill. App. 582, and determined…

2Cases cited1 opinion

  1. McWhinney v. GillAppellate Court of Illinois · 1912

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