Cohen v. Moore
Appellate Court of Illinois
Motion to Y acate Judgment.—Appeal from the Circuit Court of Cook County; the Hon. Thomas Gr. Windes, Judge, presiding. Heard in this court at the March term, 1895.
1Opinion of the CourtJustice Gary
This is a case in which proceedings conducted in strict accordance with the statutes have resulted, because of our loose system in regard to notice, in a, possibly, very unjust judgment, from which there can be, on this appeal, no relief.
The appellee sued the appellant before a justice and on the return day of the summons, the appellee not appearing, on motion of the appellant the justice dismissed the suit at the cost of the appellee. Such dismissal was a. judgment from which an appeal would lie. Reiman v. Ater, 88 Ill. 299.
The appellee did appeal to the Circuit Court and the case was then…
2Cases cited3 opinions
- Cook v. WoodIllinois Supreme Court · 1860
- Fix v. QuinnIllinois Supreme Court · 1874
- Reiman v. AterIllinois Supreme Court · 1878
3Cited by1 opinion
- Brown v. OwensAppellate Court of Illinois · 1896