Clapp v. Rauch

Citations

• 90 Ill. 468

Syllabus

<p>1. Practice—rule for trying cases out of their order. A rule of court for the trial of cases out of their order on the docket, upon notice and motion based upon affidavit of the plaintiff’s attorney that he believes the defense is only made for delay, is void, and repugnant to the Practice act, and the constitution requiring uniformity of practice in courts of record, and it is error to advance a cause under such a rule.</p> <p>2. Same—trying cases out of order on docket. The statute authorizes causes to be tried out of their order when sufficient cause exists, but it does not contemplate a rule of this character; that would defeat the statute itself. Belief of counsel, sworn to, that a defense is made merely for delay, does not afford the necessary ground for trying a case out of its order.</p>