Oetgen v. Ross
Illinois Supreme Court
Appeal from the Circuit Court of Cass county; the Hon. James Harriott, Judge, presiding. This was an action of ejectment, brought by the appellees against the appellants. The only point considered in this court was the action of the Circuit Court in setting aside a former judgment by default, and the facts are fully stated in the opinion.
1Opinion of the CourtJustice Lawrence
This case comes before the court upon an agreed state of facts, and, by consent of parties, cross-errors are assigned. In the view we have taken of it, only the following facts are material.
The appellees brought an action of ejectment against the appellant, Zimmer, and recovered judgment against him by default on the 21st of March, 1860. On the 20th of March, 1861, Zimmer executed a power of attorney to his co-appellant, Oetgen, authorizing him to move to set aside said judgment, and on the 21st of March, 1861, he made said motion, and also moved to be allowed to join in the defense as…
2Cases cited1 opinion
- Emmons v. BishopIllinois Supreme Court · 1852
3Cited by4 opinions
- Rupiper v. CallowayWisconsin Supreme Court · 1899
- Oetgen v. RossIllinois Supreme Court · 1868
- Haseltine v. MetcalfWisconsin Supreme Court · 1886
- County of Cook v. Calumet & Chicago Canal & Dock Co.Illinois Supreme Court · 1890