Legal Opinion

City of Chicago v. English

Illinois Supreme Court

Decided October 25, 1902PublishedCited by 5 opinions

Appeal from the Branch Appellate Court for the First District; — heard in that court on appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. This was an action for breach of covenant.

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Appeal from the Branch Appellate Court for the First District; — heard in that court on appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. This was an action for breach of covenant. The declaration sets out that a certain lease was executed by and between the city of Chicago, appellant, and William J. English, appellee, on the 4th day of June, 1892, by which said English leased to the city of Chicago a portion of the second floor of a certain building owned by him in the said city, to be used as an office for the waterworks of said city, at a rental of…

1Per curiam

In deciding this case the Appellate Court delivered the following opinion:

“Rule 15 does not declare that contested motions shall not be heard on any day save Saturday, or that no contested motion will be heard unless placed upon a calendar of contested motions by the clerk, for which three days’ notice has been given. Without regard, however, to this, and without expressing an opinion as to whether a contested motion can be heard upon any day save Saturday, it is well settled that the court, when exercising its discretion to set aside a default and allow a party to plead, may impose terms. In…

2Cases cited3 opinions

  1. Massachusetts Mutual Life Insurance v. KelloggIllinois Supreme Court · 1876
  2. Wrigley v. CorneliusIllinois Supreme Court · 1896
  3. Miller v. KingsburyIllinois Supreme Court · 1889

3Cited by5 opinions

  1. State ex rel. Stiefel v. District CourtMontana Supreme Court · 1908
  2. Mann v. BrownIllinois Supreme Court · 1914
  3. Leman v. United States Fidelity & Guaranty Co.Appellate Court of Illinois · 1907
  4. Illinois Bridge & Iron Co. v. Town of SullivanAppellate Court of Illinois · 1909
  5. Leinhart v. KirkwoodAppellate Court of Illinois · 1906

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