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5 Scam. 559

Orr v. Howard

Illinois Supreme Court

Decided December 15, 1843

Illinois Supreme Court · decided 1843-12-15

moved to set aside the default and judgment of reversal rendered in this cause at a preceding term of the court, and filed an affidavit in support thereof, showing that said attorney, who was the attorney for the defendants in error, the plaintiffs in the court below, did not know that the cause was taken to the supreme court, until some months after it was reversed.

Decided 1843-12-15

Per Curiam :

¶1The law authorizes notice to the defendant in error when he is a non-resident, by publication in a newspaper printed at the seat of government. Such notice was given in this case, and no sufficient cause is shown for setting aside the reversal of the judgment. The defendants in error can proceed de novo in the court below.

¶2Motion refused.

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