Panton v. Manley
Illinois Supreme Court
Appeal from the Circuit Court of Kane county; the Hon. H. H. Cody, Judge, presiding. This was an action of forcible entry and detainer, brought by Cornelia Manley, against V. W. Panton, before a justice of the peace, and appealed by the defendant to the circuit court, where the appeal was dismissed for want of prosecution.
1Opinion of the CourtChief Justice Craig
The only question presented by this record is, whether the court abused its discretion in refusing to vacate the order dismissing the appeal. It is conceded, that when the appeal was dismissed, the case was reached on the regular call of the docket for trial, and there was no appearance on behalf of appellant. But it is claimed that an agreement had been made between the attorneys of the parties to waive a jury, and try the case before the court on an agreed state of facts after the jury should be discharged by the court, and in violation of this agreement the appeal was dismissed when the…
2Cited by1 opinion
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