Cronan v. Frizell

Citations

• 42 Ill. 319

Syllabus

<p>1. Default, effect of. The rule is that a default admits all that is properly alleged, and no more. Hence, where a bill in chancery, to enforce a vendor’s hen, omits to allege that the note was due and unpaid at the time of filing the bill, and default is taken thereon, the decree will be reversed on error ; such an allegation is indispensable.</p> <p>3. Sales without bedemftiob— time allowed for payment of the money. Where no redemption is allowed by law, the time fixed in the decree for the payment of money should not be less than ninety days, and a decree fixing the time at thirty days will be reversed.</p> <p>3. Decebe peo cobfesso, discretion of the court in requiring proof. It lies in the discretion of the chancellor to render a decree on the order pro confesso without evidence, or to require proof as to all or any of the allegations of the bill, and the evidence need not be preserved in the record.</p>