96 Ill. 131
Decided September 15, 1880
Illinois Supreme Court · decided 1880-09-15
Writ op Error to the Appellate Court foi* the Second District. This cause was continued at the present term for want of service of process, or publication of notice, the defendant in error being a non-resident. Subsequently the plaintiff in error entered his motion to set aside the order of continuance, and to place the cause on the hearing docket for this term.
Cited by 1 later decisions — most recently July 1897
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1880-09-15
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¶1All that is shown by the affidavit filed in support of this motion is, that the attorney for the defendant in error made an agreement that he would enter the appearance of his client, and has violated that agreement. This might give a cause of action against the attorney, but it does not constitute an appearance. Mo scire facias has been served, nor has there been any publication, of notice. The defendant in error is not in court.
¶2Motion denied.