Soles v. Sheppard
Illinois Supreme Court
Soles v. Sheppard, 96 Ill. 131 (Ill. 1880)
Scholfield
Soles v. Sheppard
Opinion of the Court
All that is shown by the affidavit filed in support of this motion is, that the attorney for the defendant in error made an agreement that he would enter the appearance of his client, and has violated that agreement. This might give a cause of action against the attorney, but it does not constitute an appearance. Mo scire facias has been served, nor has there been any publication, of notice. The defendant in error is not in court.
Motion denied.
Reference
- Full Case Name
- James Soles v. Charles C. Sheppard
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Appearance—violation of agreement to enter the same. The mere fact that counsel for the defendant in error in a cause pending in the Supreme Court has promised to enter the appearance of his client., and then violated his agreement by refusing to do so, will not constitute an appearance of the party so as to authorize the setting aside of an order of continuance, entered for want of service, and setting the cause down for hearing.