Treftz v. Stahl
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. George Driqgs, Judge, presiding.
1Opinion of the CourtJustice Gary
There is no indication of any merit in the case of the appellant. His affidavit filed to set aside proceedings only states “ that he has fully stated his case to his attorney, who has advised him that he has a good defense on the merits to plaintiff’s action.” Who was the attorney or what was the statement on which he advised does not appear. The affidavit should have stated the facts on 'which he rests a defense. Roberts v. Corby, 36 Ill. 182.
The case was tried ex parte on the short cause calendar. The service of a copy of the affidavit and notice necessary to get the case upon that calendar…
2Cases cited2 opinions
- Prall v. HuntAppellate Court of Illinois · 1891
- Carver v. LasaterIllinois Supreme Court · 1864
3Cited by10 opinions
- Belinski v. BrandAppellate Court of Illinois · 1898
- Copper King v. JohnsonArizona Supreme Court · 1904
- Johnston v. BrownAppellate Court of Illinois · 1894
- Wheatley, Buck & Co. v. Chicago Trust & Savings BankAppellate Court of Illinois · 1896
- Auburn Cycle Co. v. FooteAppellate Court of Illinois · 1897
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