City of East St. Louis v. Thomas
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District heard in "that court on appeal from the Circuit Court of St. Clair county; the Hon. William H. Snydeb, Judge, presiding."
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Appeal from the Appellate Court for the Fourth District heard in "that court on appeal from the Circuit Court of St. Clair county; the Hon. William H. Snydeb, Judge, presiding." An action of assumpsit was "begun in the City Court of East St. Louis, to the March term thereof, in 1880, by the appellant against appellee, and on the 15th of May, 1880, an alias summons was issued and served upon the defendant, claiming damages in the sum of $2000, and returnable on the first Monday of June, 1880. At the August term, 1880, on motion of defendant, the venue was changed to the circuit court of St.…
1Opinion of the CourtJustice Dickey
We find in this record no sufficient cause to disturb the judgment. It is strenuously insisted that the circuit court erred in refusing to set aside the default entered for want of a replication to defendant’s plea of set-off. We think the affidavit in support of the motion fails to show due diligence. The action was originally that of appellant. It must be taken that it was known to plaintiff’s attorney that the declaration had been filed. He supposed the case was to be tried on the 22d of June. It was his duty to have the issues made up before that time. The case had long been pending. When…
2Cited by8 opinions
- Peterson v. PuseyIllinois Supreme Court · 1908
- Huffstutler v. Louisville Packing Co.Supreme Court of Alabama · 1908
- San Antonio Suburban Irrigated Farms v. ShandyDistrict Court, D. Kansas · 1928
- Morgan v. CampbellAppellate Court of Illinois · 1894
- Coggins v. Superior CourtCalifornia Court of Appeal · 1932
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