Koon v. Nichols

Citations

• 85 Ill. 155

Syllabus

<p>1. Reversal—abandonment of suit—neglect to file remanding order in court below. The statute providing that if neither party shall file, in the circuit court, the transcript of the order of this court reversing the judgment below, within two years, the cause shall be considered as abandoned, and no further action shall be had therein, means the particular suit in which the order of reversal is made shall be considered as abandoned, and not the cause of action. A new suit may, after such period, be brought upon the original cause of action.</p> <p>2. Rew trial—trial in absence of party and his counsel. A new trial will not be granted because the trial was had in the absence of the defendant and his counsel, when such absence is attributable to his own negligence.</p>