Mendell v. Kimball

Citations

• 85 Ill. 582

Syllabus

<p>1. Default—setting aside. A default will not be set aside although the defendant may show that he has a good defense, when it does not appear that he exercised proper diligence, and the absence of his attorney is no excuse for not pleading in time. The negligence of the attorney is that of the client.</p> <p>2. Same—practice—counter affida/oits. Upon a motion to set aside a default counter affidavits should not be received. Such a motion should be heard upon ex parte affidavits, and they should be strictly scrutinized.</p> <p>3. When the affidavits upon their face show a good defense upon the merits, and a valid excuse for the apparent fault of the defendant, that he and those acting for him have used due diligence to appear and plead, the default should be set aside.</p>