Woolley v. Lyon

In an action of. assumpsit upon a promissory note, judgment was rendered by the circuit court for the plaintiff, for the sum of $1832.06. The defendant appealed to the Appellate Court for the Second District, but before the cause was reached for hearing, by permission of the court he withdrew his record from that court. Thereupon, on motion of the plaintiff, the court assessed damages against the defendant to the amount of $96.66, for failure to prosecute his appeal, and rendered judgment therefor. On a subsequent day, the defendant moved to set aside that judgment, but the court overruled…