Putnam v. Murphy

Citations

• 53 Ill. 404

Syllabus

<p>1. New tbial at law—when granted in chancery. Upon a bill in chancery being filed, to enjoin the collection of a judgment obtained by default at the preceding term of the court, after an agreement to continue the cause had been entered into by the respective attorneys of the parties to the suit, and the plaintiffs’ attorney, in violation of the agreement, took a judgment by default, of which the defendant had no notice until too late to enter a motion to set aside the default at that term of the court, and it appearing that manifest injury had thereby resulted to the defendant, a new trial was ordered.</p> <p>2. A party, against whom a default has been taken, in fraudulent violation, on the part of the plaintiff, of an agreement between the parties to continue the cause, will not be held to as high a degree of diligence as if the plaintiff had been free from fault.</p>