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Firestone Tire and Rubber Company v. McElroy

Appellate Court of Illinois, First District
Jun 19, 1940
306 Ill. App. 265 (Ill. App. Ct. 1940)

Opinion

Gen. No. 41,165. (Abstract of Decision.)

Opinion filed June 19, 1940

DEFAULTS, § 78vacation. Certiorari was properly denied defendant against whom judgment was entered by default in justice of the peace court, where defendant contended that plaintiff's lawyer had promised him to ask for a continuance and notify him when case was reset, but failed to do so, but evidence showed that defendant was guilty of negligence in failing to ascertain when cause was reset, failing to examine docket, or to make inquiry of justice of the peace or lawyer as to new date.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. STANLEY H. KLARKOWSKI, presiding.

Affirmed. Heard in third division, first district, this court at April term, 1940.

William E. Cloyes and Herbert J. Choice, for appellant;

James G. Barber, for appellee.


"Not to be published in full." Opinion filed June 19, 1940.


Summaries of

Firestone Tire and Rubber Company v. McElroy

Appellate Court of Illinois, First District
Jun 19, 1940
306 Ill. App. 265 (Ill. App. Ct. 1940)
Case details for

Firestone Tire and Rubber Company v. McElroy

Case Details

Full title:Firestone Tire and Rubber Company, Appellee, v. Robert H. McElroy, Jr. et…

Court:Appellate Court of Illinois, First District

Date published: Jun 19, 1940

Citations

306 Ill. App. 265 (Ill. App. Ct. 1940)
28 N.E.2d 302