Gebhard v. Brewers Malting Co.

Appellate Court of Illinois

Gebhard v. Brewers Malting Co.

185 Ill. App. 256

CourtAppellate Court of Illinois

DecidedMarch 5, 1914

DocketGen No. 18,837

StatusPublished

This text of 185 Ill. App. 256 (Gebhard v. Brewers Malting Co.) 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

Gebhard v. Brewers Malting Co., 185 Ill. App. 256 (Ill. Ct. App. 1914).

Pincite

Opinion

Mr. Justice Scanlan

delivered the opinion of the court.

2. Appeal and error, § 1380*—when discretion in setting aside /default not reviewahle. A motion- to set aside a default is addressed to the sound legal discretion of the court, and unless it appears that such discretion has been wrongfully and oppressively exercised the Appellate Court will not interfere. 3. Judgment, § 142*—when showing insufficient to set aside default. On a motion to vacate a default judgment where the only evidence offered to support the motion was an affidavit of an employe of defendant, held that denial of the motion was not an abuse of trial court’s discretion, there being no proper showing that defendant had a meritorious defense or that he was not guilty of negligence from failing to plead in apt time. 4. Judgment, § 148*—when counter-affidavit on motion to vacate a default improper. On motion of defendant to vacate a default judgment entered against him, admitting affidavits of plaintiff on question whether defendant had a meritorious defense in opposition to defendant’s motion, held improper but not prejudicial error.

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Mr. Justice Scanlan

delivered the opinion of the court.

2. Appeal and error, § 1380*—when discretion in setting aside /default not reviewahle. A motion- to set aside a default is addressed to the sound legal discretion of the court, and unless it appears that such discretion has been wrongfully and oppressively exercised the Appellate Court will not interfere. 3. Judgment, § 142*—when showing insufficient to set aside default. On a motion to vacate a default judgment where the only evidence offered to support the motion was an affidavit of an employe of defendant, held that denial of the motion was not an abuse of trial court’s discretion, there being no proper showing that defendant had a meritorious defense or that he was not guilty of negligence from failing to plead in apt time. 4. Judgment, § 148*—when counter-affidavit on motion to vacate a default improper. On motion of defendant to vacate a default judgment entered against him, admitting affidavits of plaintiff on question whether defendant had a meritorious defense in opposition to defendant’s motion, held improper but not prejudicial error.

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Bluebook (online)

185 Ill. App. 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gebhard-v-brewers-malting-co-illappct-1914.