Condon v. Cohn

Appellate Court of Illinois

Condon v. Cohn

88 Ill. App. 333, 1899 Ill. App. LEXIS 544

CourtAppellate Court of Illinois

DecidedApril 17, 1900

StatusPublished

Cited by2 cases

This text of 88 Ill. App. 333 (Condon v. Cohn) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Condon v. Cohn, 88 Ill. App. 333, 1899 Ill. App. LEXIS 544 (Ill. Ct. App. 1900).

Pincite

Opinion

Mr. Justice Shepard

delivered the opinion of the court.

This was an action of assumpsit. To the declaration, consisting of one special count and the usual common counts, the defendant (plaintiff in error) pleaded the general issue, and payment.

Subsequently by leave of court the defendant filed a plea of set-off. Issue was joined upon the first pleas, but no replication was ever filed to the plea of set-off.

The defendant never having consented to a trial without a replication to such plea, and never having in any manner waived the lack of the replication, it was error to force the cause to trial upon the short cause calendar, over his objection and without his participation, as was done. Seavey v. Rogers, 69 Ill. 534; Blake v. Miller, 118 Ill. 500; Sammis v. Clark, 17 Ill. 398; Peck v. Hubbard, 4 Ill. App. 566; Reynolds v. Anspach, 14 Ill. App. 38.

Reversed and remanded.

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