Souerbry v. Fisher

Citations

• 62 Ill. 135

Syllabus

<p>1. Judgment—setting default aside—discretion. Appellant was sued jointly with another in trespass for an assault and battery. His co-defendant employed counsel who filed a plea of the general issue for both, there being no service. The counsel, about three years afterward, procured the entry of a nolle as to the co-defendant, and abandoned the defense of appellant, on the ground that he had paid no fee, and his default was taken, and damages assessed at $500, upon which judgment was rendered. He at the same term moved to set aside the judgment and for leave to defend, showing that he was not guilty, and that the other defendant who had committed the trespass had agreed to defend. The court overruled the motion: Held, that the court erred in refusing the motion.</p>