Legal Opinion

Schultz v. Meiselbar

Appellate Court of Illinois

Decided April 9, 1892PublishedCited by 2 opinions

Appeal from the Circuit Court of Cook County; the Hon. George Driggs, Judge, presiding.

1Opinion of the CourtGary, J.

On the 18th clay of November, 1891, a judgment by default, in all respects regular so far as the record shows, was entered in favor of the appellee, and against the appellant. Shortly thereafter the appellant moved to set aside the default upon affidavits that he owed the appellee nothing, and that when the judgment was entered the declaration was not with the files, but in the possession of his attorney, who through press of business had been obliged to neglect many smaller matters. Whether the attorney is solvent does not appear. Wilful or careless neglect by a defendant of his cause, will…

2Cases cited4 opinions

  1. Smith v. BrittenhamIllinois Supreme Court · 1878
  2. Union Hide & Leather Co. v. WoodleyIllinois Supreme Court · 1874
  3. Stenzel v. SimsAppellate Court of Illinois · 1888
  4. Walsh v. WalshIllinois Supreme Court · 1885

3Cited by2 opinions

  1. Burrell v. Anchor Fire InsuranceLorain County Court of Common Pleas · 1904
  2. French Wax Figure Co. v. Jupp Baxter Co.Cuyahoga Circuit Court · 1901

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