Powell v. Clement

Citations

• 78 Ill. 20

Syllabus

<p>1. Default—setting aside, a matter of discretion.. The setting aside of a default in a chancery suit is a matter of discretion, the exercise of which by the court can not be inquired into by this court on appeal or writ of error.</p> <p>2. Where the return of service was regular, in a suit to foreclose a mortgage, and one of the defendants, after default, decree of foreclosure, sale and confirmation thereof, appeared and asked to have the default set aside, and he be allowed to answer, on his affidavit showing a variance between the original summons and the copy delivered by the officer: Meld: that the motion to set aside the default was properly refused.</p>