Scales v. Labar

Citations

• 51 Ill. 232

Syllabus

<p>1. Setting aside defaults—how fair disoretiononry. The matter of setting aside defaults is regarded as largely discretionary with the circuit court, and the appellate court will not interfere, unless it is plainly apparent that such discretion has been wrongfully and oppressively exercised.</p> <p>2. So, where it is the rule of the circuit court, that copies of affidavits offered in support of a motion to set aside a default shall be served upon the opposing counsel, which is neglected to be done, and the court refuses to entertain the motion, this is not such error as can he availed of in this court. •</p> <p>3. Motion to set aside default—when'it must be made. A motion to set aside a default comes too late when made at a term subsequent to that at which the default is entered.</p>