Fiedler v. Bishop

Appellate Court of Illinois

Fiedler v. Bishop

198 Ill. App. 558, 1916 Ill. App. LEXIS 495

CourtAppellate Court of Illinois

DecidedApril 12, 1916

DocketGen. No. 21,400

StatusPublished

Cited by1 cases

This text of 198 Ill. App. 558 (Fiedler v. Bishop) 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

Fiedler v. Bishop, 198 Ill. App. 558, 1916 Ill. App. LEXIS 495 (Ill. Ct. App. 1916).

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Opinion

Mr. Justice Goodwin

delivered the opinion of the court.

Abstract of the Decision. 1. Judgment, § 58*—when judgment by confession set aside. On timely application to set aside a judgment by confession, it is the court’s duty to allow defendant to plead if a meritorious defense is shown by proper affidavits. 2. Judgment, § 82*—when affidavits sufficient to warrant granting of motion to set aside judgment by confession. Affidavits on a motion to set aside a judgment by confession examined and held to set up a meritorious defense. 3. Judgment, § 82*—when application to set aside judgment by confession not defeated by laches. Affidavits on motion to set aside judgment by confession examined and held not to show such laches as to require the denial of the motion.

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Mr. Justice Goodwin

delivered the opinion of the court.

Abstract of the Decision. 1. Judgment, § 58*—when judgment by confession set aside. On timely application to set aside a judgment by confession, it is the court’s duty to allow defendant to plead if a meritorious defense is shown by proper affidavits. 2. Judgment, § 82*—when affidavits sufficient to warrant granting of motion to set aside judgment by confession. Affidavits on a motion to set aside a judgment by confession examined and held to set up a meritorious defense. 3. Judgment, § 82*—when application to set aside judgment by confession not defeated by laches. Affidavits on motion to set aside judgment by confession examined and held not to show such laches as to require the denial of the motion.

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198 Ill. App. 558, 1916 Ill. App. LEXIS 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fiedler-v-bishop-illappct-1916.

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