Union Hide & Leather Co. v. Woodley

Citations

• 75 Ill. 435

Syllabus

<p>1. Default — setting aside, a matter of discretion. It is a matter resting in the sound discretion of the court to whom the application is made, whether a default shall be set aside; and an appellate court will not interfere, unless there has been a gross abuse of that discretion.</p> <p>2. The court should exercise the power of opening a judgment by default, when to permit it to stand wotild be unjust and oppressive, if the defendant has shown reasonable diligence to avoid the effects of the default. But if the term is permitted to pass, or the defendant has been guilty of negligence, the court will refuse relief, even if the judgment is unjust.</p> <p>3. Same — negligence will defeat motion to open. Where a corporation was duly served with summons six weeks before the entry of judgment by default against it, the service being by- delivering a copy of the sum, mons to the treasurer, and, he delivered the same, to a stockholder, who forgot the matter, and no other steps were taken to retain counsel or prepare for defense until after' judgment: Held, that owing to the gross negligence of the defendant, it was not entitled to have the default opened.</p>