Blair v. Reading

96 Ill. 130

Opinion

Craig, J.:

We do not understand it to be the duty of the plaintiff in error to file his abstracts and briefs, unless the other party is in court. The plaintiff was present in court on the day the cause was called, and had no notice, or any evidence that there had been any service. Under the circumstances the plaintiff in error can not be considered as in default by reason of not having filed his abstracts and briefs.

Motion denied.