Foote v. Despain
Citations
- 87 Ill. 28
Syllabus
<p>1. Chancery—new trial at law. The rule is well settled, that where a judgment has been obtained by fraud, accident or mistake, a court of equity has jurisdiction to grant a new trial at law, or otherwise relieve against the judgment, unless the defendant has been guilty of negligence.</p> <p>2. Where a plaintiffs attorney brings a case on for trial in the absence and without the knowledge of the defendant and his attorney, in violation of a written stipulation to give ten days’ previous notice of an intention to try the case, a court of equity will grant a new trial, if it appears the judgment is unjust, and this though relief may be had at law by modon to set aside the judgment.</p>
Judges: Craig
Read full opinion on CourtListenerCited by
7 cases in this archive cite this case.
- Hilt v. HeimbergerIllinois Supreme Court· 1908-06-18· cited 16×
- Collins v. KinnareAppellate Court of Illinois· 1900-05-15· cited 4×
- Sargent Co. v. BaublisAppellate Court of Illinois· 1906-07-13· cited 4×
- Prussian National Ins. Co. v. ChichockyAppellate Court of Illinois· 1901-03-12· cited 3×
- West Chicago St. R. R. v. StoltzenfeldtAppellate Court of Illinois· 1902-02-13· cited 2×
- Alabama Insurance v. Kingman & Co.Appellate Court of Illinois· 1886-12-11· cited 1×
- Little v. StevensonAppellate Court of Illinois· 1930-06-25
Cites
2 cases in this archive are cited by this case.
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