Wells v. Mathews
Appellate Court of Illinois
Assumpsit, on a promissory note. Appeal from the County Court of Peoria County; the Hon." Robert H. Lovett, Judge, presiding. Statement of the Case. This was a suit by appellee against appellants, upon a promissory note. A former judgment for plaintiff was reversed because defendants were defaulted with a plea in bar on file and not disposed of. (70 Ill.
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Assumpsit, on a promissory note. Appeal from the County Court of Peoria County; the Hon." Robert H. Lovett, Judge, presiding. Statement of the Case. This was a suit by appellee against appellants, upon a promissory note. A former judgment for plaintiff was reversed because defendants were defaulted with a plea in bar on file and not disposed of. (70 Ill. App. 504.) The cause was reinstated in the court below September 21, 1897, and plaintiff then asked leave to file with this declaration an affidavit of claim as provided by statute, and supported his application by an affidavit of the…
1Opinion of the CourtJustice Dibell
Spradling v. Russell, 100 Ill. 522, sustains the action the court took in this case, if good cause therefor was shown. The sole contention of appellants is that as their plea was filed January 8, 1896, and the motion for leave to file an affidavit of claim was not made till September 25, 1891, it came too late, or at least should not have been granted without a showing as to the time when plaintiff learned defendants had no defense, and not at all if it appeared plaintiff knew that fact when the declaration was filed. This position ignores the proof tending to show defendants withdrew their…
2Cases cited1 opinion
- Spradling v. RussellIllinois Supreme Court · 1881