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51 Ill. 232

Scales v. Labar

Illinois Supreme Court

Decided September 15, 1869

Illinois Supreme Court · decided 1869-09-15

<p>Writ of Error to the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding.</p> <p>The opinion states the case.</p>

Relies on Cook v. Wood

Good law ✅— No negative treatment on recordhow we know

Decided 1869-09-15

How this case has been cited

Cited by 7 later decisions — most recently June 1973

7 state decisions

30186918701880189019001910192019301940195019601970decided

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.

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Mr. Justice Lawrence

¶1delivered the opinion of the Court:

¶2It is the rule of this court to regard the matter of setting aside defaults as largely discretionary with the circuit court, and to interfere only in cases where it is plain that such discretion has been wrongfully and oppressively exercised. We can not say the present is a case of that character. The plaintiffs in error claim they had filed a plea before the default was taken. The record, however, is silent upon that point, and the affidavits filed to establish that fact are so loosely drawn that only by a wide latitude of construction can they be regarded as stating that a plea had been filed in the case at bar. We can not say the court erred in refusing to set aside the default, upon these affidavits, the more especially as it gave the appellant leave to renew his motion upon new affidavits. The motion was then renewed upon new affidavits, and again overruled by the court, on the ground that copies of the new affidavits had not been served on the opposing counsel, 'as required by a standing rule of the court. No further motion was made until the next' term, when, as held in Cook v. Wood, 24 Ill. 295, and Smith v. Wilson, 26 ib. 186, it was too late. The plaintiff in error has no right to complain of these proceedings. His first affidavit was very loose and uncertain, and the court granted all he could demand in giving him leave to renew his motion upon' fresh affidavits, and in renewing his motion, it was his duty to comply with the standing rules of the court.

¶3The judgment of the court below must he affirmed.

¶4Judgment affirmed.

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