Covell v. Marks

Illinois Supreme Court

Covell v. Marks

2 Ill. 391

CourtIllinois Supreme Court

DecidedDecember 15, 1837

StatusPublished

Cited by2 cases

This text of 2 Ill. 391 (Covell v. Marks) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Covell v. Marks, 2 Ill. 391 (Ill. 1837).

Pincite

Opinion

Lockwood, Justice,

delivered the opinion of the Court:

It appears by the record in this case, that on the 26th day of September, 1837, the defendants filed their plea of non-assumpsit ; and on the, 27th of the same month, the Court below gave judgment by default against them. This was erroneous; the Circuit Court should have empanelled a jury and tried the cause, whether the defendants answered when called or not.

The judgment of the Court below is reversed with costs, and the cause remanded with directions to the Circuit Court to set aside the default.

Judgment reversed.

Note. See the preceding case.

Free access — add to your briefcase to read the full text and ask questions with AI

Lockwood, Justice,

delivered the opinion of the Court:

It appears by the record in this case, that on the 26th day of September, 1837, the defendants filed their plea of non-assumpsit ; and on the, 27th of the same month, the Court below gave judgment by default against them. This was erroneous; the Circuit Court should have empanelled a jury and tried the cause, whether the defendants answered when called or not.

The judgment of the Court below is reversed with costs, and the cause remanded with directions to the Circuit Court to set aside the default.

Judgment reversed.

Note. See the preceding case.

Cite This Page — Counsel Stack

Bluebook (online)

2 Ill. 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/covell-v-marks-ill-1837.

Opinion

Related

Cite This Page — Counsel Stack