Clark v. Marfield

Citations

• 77 Ill. 258

Syllabus

<p>R Practice—disposing of cause before day set by the cleric. Whether the provision of the statute requiring the clerk to apportion the causes on the docket for different days of the term, and that they be disposed of }n tiiejr order, applies to chancery causes, is a matter of great doubt, but if it does, the court has a discretionary power, for good and sufficient causei t0 heal. a cause before the.day it is set for hearing on the docket, and unless it appears that the discretion has been abused, it will not be interfered with by this court.</p> <p>2. Same—no order of record required to hear case out of its order. Where the court tries or hears a ease out- of its order on the docket, no written orde.r or rule of the court is required to be entered of record.</p> <p>3. Where the clerk lmd set the chancery causes for the 40th da) of the term, and the judge, on the 37tli day of the term, announced in open court that the call of the chancery docket would commence on the 34th day of the term, and where a case was called on the 35th day, upon the objection of counsel, the court offered opportunity to show cause why they were not ready for trial, or to move for a continuance, which they declined to do, and the court thereupon proceeded with the hearing: Held, that the court did not err in hearing the cause before the day set by the clerk.</p> <p>4. Error—what may be assigned. It seems a party can not assign errors that on])- affect another party not complaining.</p> <p>5. Publication—immaterial errors in, will not vitiate. Where the notice published to a defendant in a chancery suit contains all that the statute requires—the fact that the hill has been filed, in what court, by whom, against whom, and the term of court at which the defendant is required to appear—it will be sufficient, notwithstanding there maybe some errors in the recitals of dates, in other respects, if they are not such as to mislead any one reading it.</p>