Legal Opinion

Foster v. Weber

Appellate Court of Illinois

Decided October 9, 1903PublishedCited by 3 opinions

Appeal from Judgment by Default.—Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge presiding. Heard in the Branch Appellate Court at the October term, 1902.

1Opinion of the CourtJustice Stein

This is an appeal from a judgment by default. Appellee has not appeared in this court.

Summons issued against appellant June 9, 1902, and was served on him three days later. Judgment for $300 and costs was rendered against him July 9, 1902. ■

The declaration was filed June 9, 1902, and consists of the common counts. On the back of it is the usual printed “ copy of account sued on,” and an affidavit by plaintiff stating that his “ demand is for work and labor performed by him for the defendant at his request.”

July 11, 1902, appellant moved to set aside the judgment, which motion was continued…

2Cases cited3 opinions

  1. Mendell v. KimballIllinois Supreme Court · 1877
  2. Kern v. StrausbergerIllinois Supreme Court · 1874
  3. Treutler v. HalliganIllinois Supreme Court · 1877

3Cited by3 opinions

  1. Imbrie v. BearAppellate Court of Illinois · 1923
  2. Travelers Insurance v. WagnerAppellate Court of Illinois · 1935
  3. Gaines v. Chicago Railways Co.Appellate Court of Illinois · 1929

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