Black v. Exley
Appellate Court of Illinois
Action of replevin. Error to the County Court of Cook County; the Hon. William H. Hinbbatjgh, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1904. Statement by the Court. Defendant in error originally brought an action in replevin against plaintiff in error before a justice of the peace and obtained judgment from which an appeal was prosecuted to the County Clerk.
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Action of replevin. Error to the County Court of Cook County; the Hon. William H. Hinbbatjgh, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1904. Statement by the Court. Defendant in error originally brought an action in replevin against plaintiff in error before a justice of the peace and obtained judgment from which an appeal was prosecuted to the County Clerk. In that court the case was placed on the short cause calendar pursuant to the provisions of .the statute (E. S. chap. 110, Practice Act). It was not reached for trial on that calendar and about a month…
1Opinion of the CourtJustice Freeman
When a cause has once been placed upon the “short cause calendar’’ in the manner provided in the statute (R. S. chap. 110, sec. 95-99)., it becomes the duty of the clerk to strike-it off the “regular trial calendar.” Brady v. Washington Ins. Co., 82 Ill. App. 380-382. In contemplation of law the case is no longer on the regular trial calendar, and must be treated accordingly. There is thereafter no way to get it back upon that calendar if it be not passed or continued, “except upon notice to the defendant, his agent or attorney.” The case at bar was improperly stricken off the short cause…
2Cases cited1 opinion
- Brady v. Washington InsuranceAppellate Court of Illinois · 1899