Fiedler v. Bishop

Decided April 12, 1916

Appellate Court of Illinois · decided 1916-04-12

Abstract of the Decision. 1. Judgment, § 58*—when judgment by confession set aside. On timely application to set aside a judgment by confession, it is the court’s duty to allow defendant to plead if a meritorious defense is shown by proper affidavits. 2. Judgment, § 82*—when affidavits sufficient to warrant granting of motion to set aside judgment by confession. Affidavits on a motion to set aside a judgment by confession examined and held to set up a meritorious defense. 3. Judgment, § 82*—when application to set aside judgment by confession not defeated by laches. Affidavits on motion to set aside judgment by confession examined and held not to show such laches as to require the denial of the motion.

Cited by 1 later decisions — most recently October 1926

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1916-04-12

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Mr. Justice Goodwin

¶1delivered the opinion of the court.

Abstract of the Decision.1. Judgment, § 58*—when judgment by confession set aside. On timely application to set aside a judgment by confession, it is the court’s duty to allow defendant to plead if a meritorious defense is shown by proper affidavits.2. Judgment, § 82*—when affidavits sufficient to warrant granting of motion to set aside judgment by confession. Affidavits on a motion to set aside a judgment by confession examined and held to set up a meritorious defense.3. Judgment, § 82*—when application to set aside judgment by confession not defeated by laches. Affidavits on motion to set aside judgment by confession examined and held not to show such laches as to require the denial of the motion.