Legal Opinion

Mendell v. Kimball

Illinois Supreme Court

Decided September 15, 1877PublishedCited by 38 opinions

Appeal from the Circuit Court of Cook county; the Hon. Henby Booth, Judge, presiding.

1Opinion of the CourtJustice Dickey

Judgment in this case, against appellant, was entered by default, on September 23, 1874, for $590. At the same term, and but a few days after, the appellant moved to set aside the judgment and default, and for leave to plead.

This motion was overruled, and the only point made here by appellant is, that the court erred in overruling his motion to set aside the judgment by default.

We regret that we are compelled to affirm this judgment. The affidavits filed by appellant in support of this motion show satisfactorily that he had a good defense upon the merits, but he fails to show the exercise of…

2Cited by38 opinions

  1. Busser v. NobleAppellate Court of Illinois · 1956
  2. Plaff v. Pacific Express Co.Illinois Supreme Court · 1911
  3. Gilchrist Transportation Co. v. Northern Grain Co.Illinois Supreme Court · 1903
  4. Minnesota Thresher Manufacturing Co. v. HolzNorth Dakota Supreme Court · 1900
  5. Staunton Coal Co. v. MenkIllinois Supreme Court · 1902

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