Little v. Stevenson

Mr. Presiding Justice Barry

delivered the opinion of the court.

Defendant in error brought a suit in forcible entry and detainer before a justice of the peace to recover the possession of certain real estate, and a judgment was rendered in his favor. Plaintiffs in error appealed to the circuit court. The attorneys for the respective parties instructed the clerk of the circuit court that the cause was not to be set for trial at the September Term, 1927. The clerk, however, overlooked the instructions of counsel and the cause was set for trial at the said term of court and when it was reached…