Gray v. City of Joliet

Appellate Court of Illinois

Gray v. City of Joliet

210 Ill. App. 449

CourtAppellate Court of Illinois

DecidedApril 9, 1918

DocketGen. No. 6,492

StatusPublished

This text of 210 Ill. App. 449 (Gray v. City of Joliet) 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

Gray v. City of Joliet, 210 Ill. App. 449 (Ill. Ct. App. 1918).

Pincite

Opinion

Mr. Presiding Justice Carnes

delivered the opinion of the court.

4. Pleading, § 455*—when error in affidavit of merits is waived. Any error in an affidavit of merits in failing to mention a specific defense is waived where the parties go to trial with no plea on file and there is no objection to proceeding with the case without an issue joined. 5. Judgment, § 8*—when plaintiff not entitled to after default. In case of a default, if the plaintiff undertakes to prove his demand and the evidence introduced shows he has no legal claim against "the defendant, he is not entitled to a judgment. 6. Appeal and error, § 1802*—when case not remanded. Where a judgment is reversed and there can be no recovery, the case will not be remanded.

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Mr. Presiding Justice Carnes

delivered the opinion of the court.

4. Pleading, § 455*—when error in affidavit of merits is waived. Any error in an affidavit of merits in failing to mention a specific defense is waived where the parties go to trial with no plea on file and there is no objection to proceeding with the case without an issue joined. 5. Judgment, § 8*—when plaintiff not entitled to after default. In case of a default, if the plaintiff undertakes to prove his demand and the evidence introduced shows he has no legal claim against "the defendant, he is not entitled to a judgment. 6. Appeal and error, § 1802*—when case not remanded. Where a judgment is reversed and there can be no recovery, the case will not be remanded.

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Bluebook (online)

210 Ill. App. 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-city-of-joliet-illappct-1918.