Hovey v. Middleton

Citations

• 56 Ill. 468

Syllabus

<p>1. Evidence—comersation between agents—admissibility of, as original evidence. Mere casual conversations between two agents in regard to the business of their respective principals, not made at a time when they were transacting any business of their principals so as to make the conversations a part of the res gestee, are not admissible as original evidence.</p> <p>2. Setting aside default — disweMonarry. The power of setting aside defaults, as a general rule, is a discretionary one, and the court exercising it may impose upon the party guilty of laches such terms as it may deem equitable and just under all the circumstances, and its action will not be reviewed in the appellate court.</p> <p>8. Costs ■—on a trial after judgment by default set aside. Where, upon motion of a defendant, the court set aside a judgment rendered against him by default, and leave was given him to plead, upon the condition that he would pay all costs to date, and deposit in court the amount of the judginent, and upon trial the plaintiff recovered a less amount than the former judgment, it was held, the deposit in court of the amount of the judgment, and the failure of the plaintiff to prove that he was entitled to its full amount, could not render him liable for costs, as in case of a refusal to accept a proper tender.</p>