Deatherage v. Roach

Citations

• 76 Ill. 321

Syllabus

<p>Practice—withdrawing papers from the files. A paper in a cause, when filed with the clerk, is a file of the court, and should not be withdrawn without leave of the court. But where a declaration, after being filed, was withdrawn from the files by the plaintiff’s counsel, but restored to the file before the time for the defendant to plead had expired, and it not appearing that the defendant had any defense of any kind to the note sued on, or had sustained any injury: Reid, a judgment in favor of the plaintiff would not be reversed for the refusal of the court to continue the cause for this irregularity.</p>