Mason v. McNamara

This was an action of assumpsit, brought by appellees to the October Term, 1869, of the Superior Court of Chicago, against appellant. A summons was issued, but was not served ten days before the first day of the term. The case went over, and appellees did not file their declaration until the 22d day of October. At the November term, which commenced on the first Monday of that month, a default for want of a plea was entered, the damages assessed and final judgment rendered. During the term, appellant entered a motion to set aside the default, to quash the execution issued therein, and to be…