Rich v. Hathaway
Illinois Supreme Court
This was an action of assumpsit, brought by Hathaway against Bich, at the October vacation term of Cook Circuit Court. The defendant below, by his attorneys, filed a demurrer to the declaration of said plaintiff below, on the 28th day of October, in said October term, which was not answered by said plaintiff below.
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This was an action of assumpsit, brought by Hathaway against Bich, at the October vacation term of Cook Circuit Court. The defendant below, by his attorneys, filed a demurrer to the declaration of said plaintiff below, on the 28th day of October, in said October term, which was not answered by said plaintiff below. On the 29th of October the cause was called up for hearing at said vacation term, without notice to the defendant below, or his attorneys; the demurrer was sustained; leave taken by plaintiff below to amend his declaration, which was done, and a rule entered that the defendant…
1Opinion of the CourtScates, C. J.
The objection taken to the proceedings had at the October term of the circuit court, for want of previous notice to the defendant below, cannot be sustained.
Every intendment will be indulged in favor of the legality of the proceedings when they depend upon the existence of matters of fact, unless their existence is denied by the record, on bill of exceptions. The service and notice of an intended motion or step, in a cause at a vacation term, is not a matter of record. They must be so made by bill of exception. Their absence from the record is no evidence that notice was not given. Iglehart…
2Cited by11 opinions
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