Denton v. Central School Supply House

Appellate Court of Illinois

Denton v. Central School Supply House

61 Ill. App. 267, 1895 Ill. App. LEXIS 751

CourtAppellate Court of Illinois

DecidedDecember 12, 1895

StatusPublished

Cited by1 cases

This text of 61 Ill. App. 267 (Denton v. Central School Supply House) 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

Denton v. Central School Supply House, 61 Ill. App. 267, 1895 Ill. App. LEXIS 751 (Ill. Ct. App. 1895).

Pincite

Opinion

Mr. Justice Waterman

delivered the opinion ot the Court.

Appellant being the plaintiff upon a trial without a jury in the County Court, before any finding had been recorded, asked that he be permitted to take a voluntary non-suit; this request the court denied. Afterward the plaintiff moved for a new trial and argued the same; this, it is urged by the appellee, was a waiver of appellant’s right to the non-suit for which he had before asked.

We do not think that such was the effect of the motion for a new trial. Appellant waived no right by pointing out errors which he alleged the court had made upon the trial. The right, under the circumstances, to take a voluntary non-suit was absolute. Shabad v. Hanchett, 40 Ill. App. 545; Howe v. Harroun, 17 Ill. 494; Prindeville v. Leon, 11 Ill. App. 657; Wilson Sewing Machine Co. v. Lewis, 10 Ill. App. 194; Stanton v. Linsey, 151 Ill. 301.

The judgment of the Circuit Court is reversed and the cause remanded with directions to enter a non-suit.

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