Gregson v. Allen
Citations
- 85 Ill. 478
Syllabus
<p>1. Appeal—dismissal for non-entry of attorney's name. An appeal being taken by the defendant, from a justice of the peace to the circuit court, before the appeal was called for trial, the plaintiffs moved to dismiss the appeal, because no attorney’s name had been entered for the party appealing, on the docket, in compliance with a rule of court. The defendant announced that he would try his own case, and stated he was ready for trial, but the court dismissed the appeal: Held, that the court erred.</p> <p>2. Practice—right of party, to try his own case. The statute gives a party the right to try his own case, without any attorney, and any rule of court which attempts to deprive him of this right is inconsistent with the statute and unreasonable.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “[c]ourts have generally, been unwilling to extend” mandate beyond cases where the “petitioner ... shows a clear legal right to the thing demanded, and an imperative duty on the part of the respondent to do the act required”
- denying judicial mandate commanding building inspector to issue permit because there was no pre-existing, clear legal duty to act, and mandate order would have to create or ascertain the duty
Source: CourtListener parenthetical corpus (CC0).
Judges: Scott
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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