Hitchcock v. Herzer

Citations

• 90 Ill. 543

Syllabus

<p>1. Default—setting aside. A motion to set aside a default is addressed to the sound legal discretion of the court in which it is made, and unless there has been a palpable abuse of such discretion, an appellate court will not interfere. It is only when it is evident that the action of the court below has been unjust and oppressive, and has resulted in a substantial injury to the defendant, that such action will be reversed on review.</p> <p>2. An application to set aside a default should show a meritorious defense, and a reasonable excuse for not having made that defense in due time. An affidavit of an attorney upon information and belief as to a meritorious defense, without stating the facts constituting the defense, and giving as an excuse a search for the papers by a third person upon information and belief, without any affidavit of such person, is insufficient.</p>