Elliott v. Greene

Appellate Court of Illinois

Elliott v. Greene

172 Ill. App. 213, 1912 Ill. App. LEXIS 515

CourtAppellate Court of Illinois

DecidedOctober 1, 1912

DocketGen. No. 17,301

StatusPublished

Cited by1 cases

This text of 172 Ill. App. 213 (Elliott v. Greene) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Elliott v. Greene, 172 Ill. App. 213, 1912 Ill. App. LEXIS 515 (Ill. Ct. App. 1912).

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Opinion

Mr. Justice Barnes

delivered the opinion of the court.

The only ground urged for reversal is that this being a case of the fourth class it was imperative on the court to set it down for trial, and that no order of record to that effect appears.

The record shows that defendant entered his appearance December 6th, the return day of the summons, and that judgment was entered on December 17th. The judgment order recites that the cause came up in the regular course for trial, and that defendant was absent and not represented — presumably meaning at the trial. There is nothing to show that the court did not proceed regularly, and, in the absence of a showing to the contrary, the presumption is that it did, and that it set the cause for trial at the time of defendant’s appearance, as it might do under Section 45 of the Municipal Court Act.

Judgment is affirmed.

Affirmed.

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Mr. Justice Barnes

delivered the opinion of the court.

The only ground urged for reversal is that this being a case of the fourth class it was imperative on the court to set it down for trial, and that no order of record to that effect appears.

The record shows that defendant entered his appearance December 6th, the return day of the summons, and that judgment was entered on December 17th. The judgment order recites that the cause came up in the regular course for trial, and that defendant was absent and not represented — presumably meaning at the trial. There is nothing to show that the court did not proceed regularly, and, in the absence of a showing to the contrary, the presumption is that it did, and that it set the cause for trial at the time of defendant’s appearance, as it might do under Section 45 of the Municipal Court Act.

Judgment is affirmed.

Affirmed.

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Bluebook (online)

172 Ill. App. 213, 1912 Ill. App. LEXIS 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elliott-v-greene-illappct-1912.

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