Wallbaum v. Haskin
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought in the court below, by Haslrin and others against Wallbaum. The defendant pleaded the general issue, and filed his affidavit of merits.
Read the full summary
Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought in the court below, by Haslrin and others against Wallbaum. The defendant pleaded the general issue, and filed his affidavit of merits. The cause was placed upon the trial calendar, and set down for trial on Friday, the 27th day of December, 1867. On the 9th day of December, preceding the day for which the cause was set for trial on the regular calendar, one of the plaintiffs filed his affidavit that he believed the defense therein was made only for delay, and on the…
1Opinion of the CourtChief Justice Breese
In the case of Owens v. Ranstead, 22 Ill. 161, this court said, that every court of record has an inherent power to prescribe rules of practice, being only limited to their reason ableness and conformity to constitutional or legislative enactments— that without this power, it would be impossible to dispatch business, and delays would be interminable.
The rule in question, prevailing in the Superior Court of Chicago, has in it no quality contravening any legislation on the subject of practice in that court, but is calculated to give full effect to sec. 3 of the act regulating the practice in…
2Cases cited1 opinion
- Owens v. RansteadIllinois Supreme Court · 1859
3Cited by2 opinions
- Plachte v. Bancroft Inc.Appellate Division of the Supreme Court of the State of New York · 1957
- Frank v. MorrisIllinois Supreme Court · 1870