Legal Opinion · Dissent

Pitzele v. Lutkins

Appellate Court of Illinois

Decided December 5, 1899Published

Attachment and Interpleader.—Appeal from the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Heard in the BranchAppellate Court at the October term, 1899.

1DissentJustice Freeman

I can not concur in this decision. The only question presented is, whether there was an abuse of sound legal discretion in the refusal of the Superior Court to set aside an order and judgment entered in favor of appellee upon the regular call of the trial calendar.

It appears that the cause had been upon the calendar, and liable to be reached for trial at any time for three successive days. When finally called, appellants’ attorneys were not present, and no one appeared to represent them or their clients. The interpleas of appellants were thereupon dismissed for want of prosecution, and…

2Cases cited8 opinions

  1. Mason v. McNamaraIllinois Supreme Court · 1870
  2. Hitchcock v. HerzerIllinois Supreme Court · 1878
  3. Bowman v. WoodIllinois Supreme Court · 1866
  4. Union Hide & Leather Co. v. WoodleyIllinois Supreme Court · 1874
  5. Andrews v. CampbellIllinois Supreme Court · 1880

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