Osineski v. Consolidated Coal Co.

Mr. Presiding Justice Niehaus

delivered the opinion of the court.

The plaintiff in error, Benjamin Osineski, brought this suit March 19, 1917, in the circuit court of Macoupin county against the defendant in error, the Consolidated Coal Company of St. Louis, to -recover damages for injuries received as the result of alleged negligence. The declaration was filed in April, 1917, and on September 7 following, a default for want of a plea was entered against the defendant. The defendant thereupon made a motion to set aside the default and for leave to plead, which motion was supported by an…