Windett v. Hamilton
Illinois Supreme Court
Appeal from the Circuit Court of Cook county ; the Hon. E. S. Williams, Judge, presiding. This was an action of assumpsit, brought in the circuit court of Cook county, by Arthur W. Windett, an attorney at law, against James Hamilton, to recover for legal services.
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Appeal from the Circuit Court of Cook county ; the Hon. E. S. Williams, Judge, presiding. This was an action of assumpsit, brought in the circuit court of Cook county, by Arthur W. Windett, an attorney at law, against James Hamilton, to recover for legal services. The cause came on for trial at the September term of said court, and a default was taken and final judgment rendered, for the sum of $1000. Subsequently, and at the same term of that court, the defendant entered his motion to vacate the judgment, and set aside the default. The court entered the motion, but postponed the hearing…
1Opinion of the CourtChief Justice Breese
The first point made by appellant is, that the court below had no power to set aside the judgment by default at the October term, the judgment having been entered at a previous term. That the court had not this power is settled by repeated rulings of this court, Morgan v. Hay, Breese, 126; Cook v. Wood, 24 Ill. 294; McKindley v. Buck, 43 Ill. 488. But this is not such a case. Here the default was taken at the September term, and the motion made at that term to set it aside, which motion was continued for discussion to the next term, and then it was allowed. The motion having been entered at…
2Cases cited3 opinions
- McKindley v. BuckIllinois Supreme Court · 1867
- Holloway v. FreemanIllinois Supreme Court · 1859
- Cox v. BrackettIllinois Supreme Court · 1866
3Cited by20 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Hearson v. GraudineIllinois Supreme Court · 1877
- Hibbard v. MuellerIllinois Supreme Court · 1877
- Prall v. HuntAppellate Court of Illinois · 1891
- People ex rel. Johnson v. SpringerIllinois Supreme Court · 1883
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