Fergus v. Garden City Planing Mill & Lumber Manufacturing Co.

Citations

• 71 Ill. 51

Syllabus

<p>1. Default—in distress for rent. A proceeding in the circuit court by distress for rent stands like any other case upon the docket, and if the defendant fails to appear in the time prescribed by the rules of the court, he may be defaulted the same as in an ordinary action.</p> <p>3. Same—setting aside discretionary. Error can not be assigned for overruling a motion to set aside a default, as such a motion is addressed to the discretion of the court.</p> <p>3. Practice Act. The Practice Act is a general law applicable to all cases at law to be tried in the circuit court, except in so far as particular statutes may authorize or direct certain cases to be tried in a manner different from that therein prescribed; and in such cases the particular statute must control to the extent it differs from the Practice Act, but no farther.</p>