Kalkaska Manufacturing Co. v. Thomas
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was an action by appellee, Thomas, a resident of this county, against appellant, the Kalkaska Manufacturing Co., a corporation created by the laws of the State of Michigan, and having its factory and place of business in the northern part of that State.
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Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was an action by appellee, Thomas, a resident of this county, against appellant, the Kalkaska Manufacturing Co., a corporation created by the laws of the State of Michigan, and having its factory and place of business in the northern part of that State. Summons issued April 3, 1885, returnable to the May term of the superior court, and was returned served April 23d, and declaration upon executory contract filed on that day, claiming damages in the sum of §7,000. May 6th, the defendant caused its…
1Opinion of the CourtMcAllister, J.
The court below permitted the plaintiff, against the objections of the defendant’s counsel, to introduce voluminous affidavits in opposition to the motion of defendant to open the default, and for permission to plead, and it is very probable that such counter affidavits controlled the action of the court in denying the motion. We are of opinion that the admission of counter affidavits, ujron a motion to open a default, is improper. In Phillips v. Blagge, 3 Johnson, 141, the plaintiff’s attorney offered counter affidavits upon the hearing of a motion to set aside an inquest; but the court said…
2Cases cited2 opinions
- Mendell v. KimballIllinois Supreme Court · 1877
- Hanford v. McNairNew York Supreme Court · 1829
3Cited by8 opinions
- Minnesota Thresher Manufacturing Co. v. HolzNorth Dakota Supreme Court · 1900
- Chicago & Milwaukee Electric Railway Co. v. KrempelAppellate Court of Illinois · 1904
- American Mail Order Co. v. MarshAppellate Court of Illinois · 1905
- Straus v. BiesenAppellate Court of Illinois · 1926
- Risedorf v. FyfeAppellate Court of Illinois · 1928
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