Bowman v. Wood

Citations

• 41 Ill. 203

Syllabus

<p>1. Pbactice — service of summons. Where there are ten days, after excluding the day on which service is made, before the first day of the term to which a summons is returnable, Tield that the service was in time and will support a judgment by default.</p> <p>2. Same — computation of time. The rule for computing time is, where an act is to be performed within a specified period, after a day named, to exclude that day, and to include the day named for the performance. In cases of service, the day it was made should be excluded, and the return day may be included.</p> <p>3. Same — setting aside a defa/ult. It is discretionary in a court to set aside a default, and an appellate court rarely reviews the exercise of the discretion, and then only to prevent gross injustice.</p> <p>4. Same—grounds for setting aside a defa/ult. Where the ground relied upon for setting aside a default is, that the defendant has a cross action against the plaintiff, it simply appeals to the circuit judge to exercise a discretion, and as the defendant may still sue and recover judgment on his demand against the plaintiff, the refusal to let such a defense in, cannot work injustice.</p> <p>5. Same — oyer granted does not extend time to plead. When a defendant has been duly served with process, he must plead, or obtain further time, on the return of the writ. And when oyer is granted, it does not extend the time to plead; if further time is necessary, defendant should apply to the court and obtain it, or he will be in default.</p>