Clause v. Bullock Printing Press Co.
Appellate Court of Illinois
Appeal from the Superior Court of Cook county ; the Hon. Elliott Anthony, Judge, presiding. Suit was commenced in the Superior Court of Chicago on July 2, 1884, by appellee against appellant, and a declaration was filed, which set out a general contract for doing work ordered by plaintiff, and contained eight special counts thereon and the common counts.
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Appeal from the Superior Court of Cook county ; the Hon. Elliott Anthony, Judge, presiding. Suit was commenced in the Superior Court of Chicago on July 2, 1884, by appellee against appellant, and a declaration was filed, which set out a general contract for doing work ordered by plaintiff, and contained eight special counts thereon and the common counts. The first, second and third 'counts claim damages for a failure to properly construct a folding machine, ordered by plaintiff, under the general contract, for the Boston Herald office. The fourth, fifth and sixth counts claim damages for…
1Opinion of the CourtMoran, J.
The first error assigned by appellant is the refusal of the court to allow the plea of set-off to be filed on Mot. 7, 1885, when the case was upon the trial call. When pleas are not filed in apt time, a motion for leave to file on the eve of trial is addressed to the discretion of the court, and unless the circumstances are such as to show an abuse of such discretion, the ruling on such motion will not be reviewed by this court.
Furthermore, in this case, appellant did not, in the points in writing specifying the grounds of his motion for a new trial, mention this as one. He will be held,…
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- Hosmer v. WilsonMichigan Supreme Court · 1859
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- Chicago & Pacific Railroad v. SteinIllinois Supreme Court · 1874
- Brand v. HendersonIllinois Supreme Court · 1883
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