Bell v. Nims

Citations

• 51 Ill. 171

Syllabus

<p>1. Practice—Oooh Oircuit Oourt—in all cases appealed to—affidavit of merits required. Under the act of January 14th, 1857, regulating the practice in the Circuit Court of Cook County, in all appeals prosecuted to that court, no matter what the form of action, or where the domicil of appellant maybe, an affidavit of merits must be filed within the period limited to plead, as in other cases, to prevent a dismissal of the appeal.</p> <p>2. Appeal—¿from justice of the peace—when dismissed—discretionary with, the court whether default shad be set aside. An appeal from a justice of the peace to the Circuit Court of Cook County, was dismissed by the court upon motion, for want of an affidavit of merits, and a procedendo awarded to the justice. Afterwards, and at the same term, the defendant’s attorney filed an affidavit of merits, and that he was informed and believed that defendant was not a resident of Cook county, and entered a motion to set aside the default, which motion the court overruled. Held, that there was no error in this, it being discretionary with the court, whether to set aside the default or not.</p>