Andrews v. Campbell

Citations

• 94 Ill. 577
• 1880 Ill. LEXIS 129

Syllabus

<p>1. Default—setting aside discretionary. A declaration was filed in apt time, with an affidavit of claim, and a default was taken, and an affidavit of a meritorious defense was filed by the defendant, and also that of his attorney that he had prepared a plea a few days before the term, and the defendant attached thereto an affidavit verifying his plea and setting out his defence, and the attorney placed the plea and affidavit in the hands of a young man in his office, who usually attended to having his papers filed, with directions to file them, and the attorney supposed they had been filed until the day of the default, and he learned of the default on the tenth of the month, and a motion to set aside the default was not made until the seventeenth day of the same month, and no explanation was given for the delay in making the motion: Meld, that this court could not say there was any such abuse of discretion in refusing the motion as to authorize a reversal of the judgment.</p> <p>2. The setting aside of a judgment by default is a matter of discretion of the court in which the default is entered, the exercise of which will not be interfered with except when it appears such discretion has been abused.</p>