Linnemeyer v. Miller

Citations

• 70 Ill. 244

Syllabus

<p>1. Chaitceby pbactioe—dismissal for want of prosecution. Where an answer for part of the defendants, in a suit to enforce a mechanic’s lien, is filed without notice to the petitioner, the court will not be authorized to dismiss the suit for want of prosecution, when reached on the docket, for want of a replication, and it is error to do so.</p> <p>2. If the defendants are desirous of a speedy hearing, they should notify the complainant or petitioner of the filing of their answer, and if1 replication is not then filed in four days, move the court to set the cause for hearing on bill and answer.</p> <p>3. Rules op coubt—must not conflict with statute. To be obligatory, rules of court must be in conformity with, and not repugnant to, the general laws relating to practice.</p>