Wilday v. McConnel
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county; the Hon. Chables D. Hodges, Judge, presiding. At the April term of the Morgan county circuit court, 1869, George M. McConnel, executor of Murray McConnel, deceased, recovered three several judgments by default against Jeriel Wilday and others, upon notes given to Murray McConnel in his lifetime.
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Appeal from the Circuit Court of Morgan county; the Hon. Chables D. Hodges, Judge, presiding. At the April term of the Morgan county circuit court, 1869, George M. McConnel, executor of Murray McConnel, deceased, recovered three several judgments by default against Jeriel Wilday and others, upon notes given to Murray McConnel in his lifetime. After entry of judgment, the appellant moved the court to set aside the default and permit him to defend, as to one of the judgments, filing his affidavit that he had not been served with process, nor had opportunity to make his defense. The court denied…
1Opinion of the CourtJustice Thornton
Appellant filed his bill to enjoin the collection of a judgment at law, and praying for a new trial.
The evidence clearly shows that the judgment is unjust to some extent; that at least $1400 had been paid upon some of the notes sued upon, which amount had not been credited; that probably other sums had been paid, and that the receipts for the payments had been mislaid and Avere forgotten, until after the rendition of the judgment. A motion to set aside the default was made at the same term of the court, and overruled, and this bill was filed within the year.
There is a conflict in the evidence…
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