North Chicago Street Railroad v. Ackley
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. Appellee filed his bill against appellant, alleging that in 1891 Mrs. Mary Butler was injured while alighting from a cable car of the defendant, by reason of the negligence of the grip-man; that she employed the complainant as her attorney, upon a contingent fee, by a contract in writing, whereby he agreed to take exclusive charge of the matter and prosecute such parties as hé might deem liable for such injuries, and begin and…
1DissentJustice Craig
As I do not agree with a majority of the court in this opinion, I have concluded to state my views of the case.
Where a decree pro confesso has been entered against a party, he cannot, on error, allege the want of testimony or the insufficiency of the evidence the court may have heard, but the party has the right to contest the sufficiency of the allegations of the bill and insist that the averments of the bill do not justify the decree. (Gault v. Hoagland, 25 Ill. 241.) By a demurrer all material allegations well pleaded are admitted. The same rule may be applied where there is a default. The…
2Cases cited13 opinions
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
- Chicago & Alton Railroad v. MaherIllinois Supreme Court · 1878
- Final v. BackusMichigan Supreme Court · 1869
- Bunker v. GreenIllinois Supreme Court · 1868
- Tyson v. McGuineasWisconsin Supreme Court · 1870
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