Rush v. Johnson
Appellate Court of Illinois
Assumpsit.—Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Statement. This is an action in assumpsit brought by appellee against the appellant and one Lizzie H. Mereness. October 22, 1895, a joint plea of general issue was filed by both of the defendants below.
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Assumpsit.—Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Statement. This is an action in assumpsit brought by appellee against the appellant and one Lizzie H. Mereness. October 22, 1895, a joint plea of general issue was filed by both of the defendants below. January 15, 1897, the cause was reached for trial upon the regular call of the trial calendar, tried by a jury, and final judgment entered upon a verdict for $503 and costs. Ho motion in writing to set aside said judgment was ever filed, but an order entered by the court January 27, 1897,…
1Opinion of the CourtJustice Horton
There is no showing of proper diligence on the part of appellant. The case had been at issue more than a year, and was reached for trial in due course upon the call of the trial calendar. The fact that the member of the law firm who took charge of this case upon the dissolution of his firm did not know that appellant was a defendant in the case, and therefore was not present at the trial, shows no sufficient reason for setting aside the verdict and judgment.
If appellant was not represented at the argument of motion, January 30, 1897, to set aside judgment, that could have been very easily…
2Cases cited2 opinions
- Anderson v. MooreIllinois Supreme Court · 1893
- Munster v. DoyleAppellate Court of Illinois · 1893