Nispel v. Wolff

Citations

• 74 Ill. 303

Syllabus

<p>1. Appeal — setting aside dismissal, discretionary. Where an appeal is dismissed for want of prosecution, it is discretionary with the court to allow or deny a motion to vacate the order of dismissal, and this court will not interfere with the exercise of that discretion, except in case of its flagrant abuse.</p> <p>2. Same — negligence ground for refusal. On motion to set aside an order dismissing an appeal, when the affidavit in support of the motion fails to show diligence in prosecuting the appeal, as, that the attorney was absent when the cause was called in its order, trying a case before a justice of the peace, on the information of one of the clerks that there was a trial pending, which would be likely to last the whole day, there will be no error in refusing to vacate the order and reinstate the case.</p> <p>3. lÍESLieENCE — in prosecuting appeal. Where an appeal suit is set for trial on a particular day, it is negligence for the appellant’s counsel to leave the court because there is a trial pending likely to occupy the whole day, and no relief can be granted against the consequence of such neglect.</p>