Post Falls Lumber & Manufacturing Co. v. W. A. Messer Lumber Co.

Appellate Court of Illinois

Post Falls Lumber & Manufacturing Co. v. W. A. Messer Lumber Co.

183 Ill. App. 309, 1913 Ill. App. LEXIS 1569

CourtAppellate Court of Illinois

DecidedNovember 21, 1913

DocketGen. No. 18,165

StatusPublished

This text of 183 Ill. App. 309 (Post Falls Lumber & Manufacturing Co. v. W. A. Messer Lumber 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

Post Falls Lumber & Manufacturing Co. v. W. A. Messer Lumber Co., 183 Ill. App. 309, 1913 Ill. App. LEXIS 1569 (Ill. Ct. App. 1913).

Pincite

Opinion

Mr. Justice Duncan

delivered the opinion of the court.

3. Municipal Court of Chicago, § 19*—when judgment not vacated. Where a defendant in an action in the Municipal Court of Chicago did not file an appearance until two days after judgment was entered and not within time required by rules of court and made no sufficient excuse for not filing an affidavit of defense, and took no action until thirty days after judgment was entered, no diligence is shown and a judgment by default will not be vacated however meritorious the defense may appear. 4. Judgment, § 134*—diligence must he used in vacating default judgment. Both diligence and merit must be shown to have a judgment by default set aside, and a judgment will not be vacated where due diligence to protect rights was not exercised although the party may have a meritorious defense.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Duncan

delivered the opinion of the court.

3. Municipal Court of Chicago, § 19*—when judgment not vacated. Where a defendant in an action in the Municipal Court of Chicago did not file an appearance until two days after judgment was entered and not within time required by rules of court and made no sufficient excuse for not filing an affidavit of defense, and took no action until thirty days after judgment was entered, no diligence is shown and a judgment by default will not be vacated however meritorious the defense may appear. 4. Judgment, § 134*—diligence must he used in vacating default judgment. Both diligence and merit must be shown to have a judgment by default set aside, and a judgment will not be vacated where due diligence to protect rights was not exercised although the party may have a meritorious defense.

Cite This Page — Counsel Stack

Bluebook (online)

183 Ill. App. 309, 1913 Ill. App. LEXIS 1569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/post-falls-lumber-manufacturing-co-v-w-a-messer-lumber-co-illappct-1913.