Legal Opinion

Hippach v. First National Bank

Appellate Court of Illinois

Decided February 9, 1897PublishedCited by 1 opinion

Assumpsit, on a deficiency decree. Appeal from the Superior Court of Cook County: the Hon. Jonas Hutchinson, Judge, presiding.

1Opinion of the CourtJustice Watebmak

delivered the opihioh of the Court.

It is insisted by appellant that “ inasmuch as no copy of the judgment or decree sued on was filed with the declaration ten days prior to the beginning of the May term, the case should have been continued to the next term of the court under the general order; that appellant was not in default at the May term, and the court, under the statute, had no right and no authority to enter the default of appellant and render judgment against him.

The Statutes of Illinois, chapter 110, section 18, provide:: “If the plaintiff shall not file his declaration, together…

2Cases cited10 opinions

  1. Dunning v. DunningIllinois Supreme Court · 1865
  2. Randolph v. EmerickIllinois Supreme Court · 1851
  3. Eggleston v. BuckIllinois Supreme Court · 1860
  4. Garrity v. LozanoIllinois Supreme Court · 1876
  5. Hopkins v. WoodwardIllinois Supreme Court · 1874

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3Cited by1 opinion

  1. Dickason v. MillsAppellate Court of Illinois · 1898

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