Cleaver v. Smith

Citations

• 114 Ill. 114
• 29 N.E. 682

Syllabus

<p>1. Chancery—dismissal for want of equity—or for want of prosecution—which is proper. A bill in chancery was filed April 21, 1880, on which a summons issued, which was returned not found, and on June 10,' following, all the defendants except one answered. Replication was filed on June 28. No further steps were taken in the cause until December 3, 1880, when the following order was entered: “This cause being this day called for hearing, come the defendants, by their solicitors, and the complainant comes not, nor does any one for her, and on motion of defendants it is ordered that this cause be and is hereby dismissed at complainant’s costs, for want of equity:” Held, that the dismissal for want of equity was erroneous. The proper order would have been a dismissal for want of prosecution.</p> <p>2. Same—practice—where a case is improperly placed on trial docket. If 9 chancery cause is through inadvertence set upon the trial docket- before it is ready for hearing, it is the duty of the complainant to have the order placing the case on such docket, set aside; and if he does not, he. can not complain that the cause is dismissed for want of prosecution when reached, in his absence, on the call of the docket.</p> <p>3. Practice—how far parties chargeable with notice of all steps in a cause. Parties are bound, at their peril, to take notice of all orders regularly made in the progress of a cause. So if the cause is placed upon the trial docket, it is the duty of the parties to be present when it is reached on the call for final disposition; and if they are not, in the absence of a reasonable excuse, they must suffer the consequences.</p>