Schroer v. Wessell

Citations

• 89 Ill. 113

Syllabus

<p>1. Default—setting aside, is a matter of discretion. The setting aside of a default is a matter within the sound legal discretion of the court, and unless there has been such an abuse of that discretion as works palpable injustice, it has not been the practice of this court to review the decision.</p> <p>2. The fact that counsel, whom a defendant supposed he had engaged to make his defense, failed to do so, does not make it imperative on the court' to set aside a default entered against him, when there was time for him to have given his personal attention to his defense.</p> <p>3. Pleading and evidence—-failure of consideration under general issue. A failure or partial failure of consideration of a note sued on must be specially pleaded, to enable a party to make that defense. Evidence of it is not admissible under the general issue.</p> <p>4. Parol evidence—to nary written contract. In a suit upon a note payable twelve months after its date, parol testimony is inadmissible to show that a second surety signed it on condition the payee would extend the time of payment, and would bring no suit thereon within that period, as it would be to vary the terms of a written contract by parol evidence.</p>