Lehr v. Vandeveer

Appellate Court of Illinois

Lehr v. Vandeveer

48 Ill. App. 511, 1892 Ill. App. LEXIS 526

CourtAppellate Court of Illinois

DecidedDecember 2, 1892

StatusPublished

Cited by2 cases

This text of 48 Ill. App. 511 (Lehr v. Vandeveer) 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

Lehr v. Vandeveer, 48 Ill. App. 511, 1892 Ill. App. LEXIS 526 (Ill. Ct. App. 1892).

Pincite

Opinion

by the Court.

In the court below, in an action of assumpsit, in the absence of a plea to the declaration, the court, when the plaintiff in error, who was defendant, was not present, without entering a default, impaneled a jury, assessed the damages of the defendant in error, as administrator, who was the plaintiff in the- action, and upon the verdict of the jury thus procured, rendered the judgment sought to be reversed. Upon the authority of Crabtree v. Green, 36 Ill. 278, it seems that the failure to take and enter the default, was a fatal error. This holding is not without the support of other authorities. 5th Amer. & Eng. Ency. of Law, 487. For the omission indicated, the judgment is reversed and the cause remanded.

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Opinion

by the Court.

In the court below, in an action of assumpsit, in the absence of a plea to the declaration, the court, when the plaintiff in error, who was defendant, was not present, without entering a default, impaneled a jury, assessed the damages of the defendant in error, as administrator, who was the plaintiff in the- action, and upon the verdict of the jury thus procured, rendered the judgment sought to be reversed. Upon the authority of Crabtree v. Green, 36 Ill. 278, it seems that the failure to take and enter the default, was a fatal error. This holding is not without the support of other authorities. 5th Amer. & Eng. Ency. of Law, 487. For the omission indicated, the judgment is reversed and the cause remanded.

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Bluebook (online)

48 Ill. App. 511, 1892 Ill. App. LEXIS 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lehr-v-vandeveer-illappct-1892.

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