Public-domain · open source
OpenJurist

41 Ill. App. 153

Truby v. Case

Appellate Court of Illinois

Decided June 25, 1891

Appellate Court of Illinois · decided 1891-06-25

<p>Practice.</p> <p>1. This court will not look into the record for affidavits not abstracted but indexed. An index is not an abstract.</p> <p>2. In proceedings involving an application to have a judgment entered by confession opened to permit a defense, it is proper to receive counter affidavits.</p>

Relies on Knox v. Winsted Savings Bank · Chicago & Grand Trunk Railway Co. v. Crolie · Parry v. Arnold

Good law ✅— No negative treatment on recordhow we know

Decided 1891-06-25

How this case has been cited

Cited by 6 later decisions — most recently September 1922

6 state decisions

301891190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Gaby, <1.

¶1This is an appeal from an order of the Superior Court denying the application of the appellant to have a judgment entered against her by confession opened to permit a defense.

¶2Affidavits on both sides were read, and those on behalf of the appellee are not abstracted, only indexed. The court will not look for them in the record. Parry v. Arnold, 33 Ill. App. 622. An index is not an abstract. Chi. & G. T. Ry. v. Crolie, 33 Ill. App. 17.

¶3But we suppose this omission to abstract is intentional, as the brief of appellant insists that for the purpose of the application to open the judgment, her affidavits should be taken as true, and counter affidavits should not be received.

¶4Without any express decision, the practice sanctioned by the Supreme Court and this court has been to receive' such affidavits, and we now expressly decide that they are admissible. Knox v. Winstead Bk., 57 Ill. 330; Sundberg v. Temple, 33 Ill. App. 633; Anderson v. Studebaker, 37 Ill. App. 532.

¶5Hot looking at the counter affidavits not abstracted, we assume that they fully answered the showing made by the appellant.

¶6The judgment is affirmed.

¶7Judgment affirmed.

/41/illapp/153 · .json · Public domain