Chicago Title & Trust Co. v. Chicago & Northern Pacific Railroad
Appellate Court of Illinois
Trespass on the Case.—Appeal from the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. Submitted at the March term, 1895, of this court.
1Opinion of the CourtJustice Gary
This is another of the cases of great injustice in cutting off the opportunity for the party to present the case relied upon, which injustice we can but be spectators of, without power to remedy it.
The record says, and we are bound by it, that on the 4th day of June, 1894, the case was called for trial and dismissed for want of prosecution. In fact, it was dismissed under a general call of the pending cases from Ho. 1 to Ho. 20,163, which the attorneys of the appellant did not find out until September, 1894, when, on the 6th day of that month, they made a motion to reinstate the case, which…
2Cases cited1 opinion
- Welch v. LouisIllinois Supreme Court · 1863
3Cited by1 opinion
- Gottschalk v. LembkeAppellate Court of Illinois · 1895