Faurot v. Park National Bank

Appellate Court of Illinois

Faurot v. Park National Bank

37 Ill. App. 322, 1890 Ill. App. LEXIS 187

CourtAppellate Court of Illinois

DecidedNovember 11, 1890

StatusPublished

Cited by4 cases

This text of 37 Ill. App. 322 (Faurot v. Park National Bank) 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

Faurot v. Park National Bank, 37 Ill. App. 322, 1890 Ill. App. LEXIS 187 (Ill. Ct. App. 1890).

Pincite

Opinion

Waterman, J.

In this case it appears that attachment proceedings were begun by the Park National Bank against Benjamin C. Faurot, on the 12th day of April, 1889. Faurot appeared by attorney May 21, 1889, and on the 15th day of June, 1889, filed his plea of the general issue.

On the 18th of June the default of Faurot “ for want of a plea ” was taken, and judgment was entered against him for §3,829.74.

It is doubtless the case that neither the court nor the plaintiff below were aware that a plea had been filed when the default was entered. However this may be, with a plea on file, it was error, without some disposition of the plea, to enter the default of Faurot. Parrot v. Goss, 17 Ill. App. 110; Mason v. Abbott, 83 Ill. 445; Sammis v. Clark. 17 Ill. 398; Steelman v. Watson, 5 Gilm. 249; McKenney v. May, 1 Scam. 334.

Reversed and remanded.

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