Angel v. Plume & Atwood Manufacturing Co.

Citations

• 73 Ill. 412

Syllabus

<p>1. •Practice—trying cause out of its order on the doclcet. The Practice Act of 1872 having provided for the docketing of causes, and their trial in the order in which they are docketed, and how persons desiring a speedy judgment in actions ex contractu, where there is no substantial defense, shall be 'allowed to have their cases taken up and disposed of out of their order, it is not competent for the court to provide by a rule of court a different mode for this purpose.</p> <p>2. Unless the plaintiff files with his declaration an affidavit showing the nature of his demand and the amount due him from the defendant, after allowing all just credits, etc., it is error for the court to take up and try the case out of its order on the docket.</p>