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55 Ill. 530

Cook v. Schroeder

Illinois Supreme Court

Decided September 15, 1870

Illinois Supreme Court · decided 1870-09-15

Edwin S. Leland, Judge, presiding. This was an action of assumpsit, commenced May 25, 1868, by Frederick H. Schroeder and Thaddeus Rude, a copartnership firm, doing business under the name and style of Schroeder & Rude, against George T. Cook and Jabez C Crooker, a partnership firm doing business as Cook & Co. Defendants pleaded the general issue, and subsequently, on the fifth of November, 1868, a plea of set off and other special pleas were filed.

Cited by 1 later decisions — most recently December 1904

1 state decisions

Relies on Low v. Nolte

Good law ✅— No negative treatment on recordhow we know

Decided 1870-09-15

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Per Curiam :

¶1The only question presented for our consideration is the alleged error of the court below, in refusing to enter judgment on a pretended award, and in the rendition of judgment on the original cause of action, in the absence of the defendants.

¶2The submission was not in accordance with either the first or second sections of the chapter of the statute entitled “Arbitrations and Awards.” It was neither under seal nor attested by any witness. There was no order of court directing the submission, to bring it under the second section. The court therefore, properly overruled the motion to enter judgment on an award made in pursuance of such a submission. Low v. Nolte, 15 Ill. 368.

¶3There was no error in rendering judgment on the original cause of action, on account of the absence of the parties. They were bound to be in court and give prompt attention to the suit. We cannot reverse a case when there is such laches on the part of the defendants, in neglecting to be present in court.

¶4The judgment is affirmed.

¶5Judgment affirmed.

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