Keck v. McEldowney

Appellate Court of Illinois

Keck v. McEldowney

73 Ill. App. 159, 1897 Ill. App. LEXIS 296

DecidedJanuary 17, 1897

StatusPublished

This text of 73 Ill. App. 159 (Keck v. McEldowney) 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

Keck v. McEldowney, 73 Ill. App. 159, 1897 Ill. App. LEXIS 296 (Ill. Ct. App. 1897).

Pincite

Opinion

Mr. Justice Adams

delivered the opinion of the Court.

It appears from the record, that defendants in error sued the plaintiffs in error in assumpsit to the July term, 1896, of the Superior Court; that the summons was served in time for that term; that July 8, 1896, which was the third day of the July term, plaintiffs in error filed a demurrer to the declaration of defendants in error, and on the same day filed a plea of the general issue verified, which waived the demurrer, and that defendarits in error, July 13, 1896, and while said plea was on file, took judgment by default against plaintiffs in error for want of a plea. The taking such judgment was evidently an oversight on the part both of the trial court and the attorney of defendants in error.

Judgment reversed and cause remanded.

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Mr. Justice Adams

delivered the opinion of the Court.

It appears from the record, that defendants in error sued the plaintiffs in error in assumpsit to the July term, 1896, of the Superior Court; that the summons was served in time for that term; that July 8, 1896, which was the third day of the July term, plaintiffs in error filed a demurrer to the declaration of defendants in error, and on the same day filed a plea of the general issue verified, which waived the demurrer, and that defendarits in error, July 13, 1896, and while said plea was on file, took judgment by default against plaintiffs in error for want of a plea. The taking such judgment was evidently an oversight on the part both of the trial court and the attorney of defendants in error.

Judgment reversed and cause remanded.

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Bluebook (online)

73 Ill. App. 159, 1897 Ill. App. LEXIS 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keck-v-mceldowney-illappct-1897.