Cook v. Wood
Illinois Supreme Court
This action was commenced by Cook, against Wood and his sureties, the latter having been a deputy under the former as sheriff of Cook county. A demurrer was sustained to the declaration at November term, 1856. The plaintiff had leave to amend his declaration, and the defendants leave to plead by Wednesday morning following. At April term, 1857, a default was entered against the defendants, and reference was had to the court to assess the damages.
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This action was commenced by Cook, against Wood and his sureties, the latter having been a deputy under the former as sheriff of Cook county. A demurrer was sustained to the declaration at November term, 1856. The plaintiff had leave to amend his declaration, and the defendants leave to plead by Wednesday morning following. At April term, 1857, a default was entered against the defendants, and reference was had to the court to assess the damages. The action was in debt on a bond. At the same term at which the default was taken, but forty-seven days after-wards, a judgment was rendered, and…
1Opinion of the CourtBreese, J.
It is unnecessary to 'Consider but one question presented by this record, as the determination of .that, decides the case. The question is, had the Circuit Court power to set aside a judgment regularly entered by default against the defendants, on motion made for such purpose, at a term subsequent to the term at which the default was entered ? We are free to admit, the rulings of the courts in the different States, upon this point, are by no means uniform, and no well considered decision of this court has been cited on the point. In Kerr and Bell v. Whiteside, Breese, Appendix, 6, the…
2Cases cited3 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Catlin v. RobinsonSupreme Court of Pennsylvania · 1834
- The AveryU.S. Circuit Court for the District of Massachusetts · 1815
3Cited by74 opinions
- Cramer v. Illinois Commercial Men's Ass'nIllinois Supreme Court · 1913
- Ernst Tosetti Brewing Co. v. KoehlerIllinois Supreme Court · 1902
- Church v. EnglishIllinois Supreme Court · 1876
- Perteet v. PeopleIllinois Supreme Court · 1873
- Ayer v. City of ChicagoIllinois Supreme Court · 1894
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