Salomon v. McCormick

Appellate Court of Illinois

Salomon v. McCormick

95 Ill. App. 332, 1900 Ill. App. LEXIS 466

CourtAppellate Court of Illinois

DecidedJune 4, 1901

StatusPublished

Cited by2 cases

This text of 95 Ill. App. 332 (Salomon v. McCormick) 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.

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Salomon v. McCormick, 95 Ill. App. 332, 1900 Ill. App. LEXIS 466 (Ill. Ct. App. 1901).

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Opinion

Mr. Presiding Justice Shepard

delivered the opinion of the court.

This was a proceeding in distress for rent. A declaration consisting of the common counts in assumpsit was filed. To this the defendant (appellant) filed a plea of the general issue and a special plea of new matter. No issue upon either of the pleas was ever joined, nor was any disposition ever made of the special plea. In this condition the cause was not at issue and was not ready for trial. The cause was nevertheless called for trial, in the absence of the defendant, or any counsel representing him, and evidence was heard and a verdict and judgment rendered in favor of appellee.

This was error, there being no waiver of the objection that there was no replication to the special plea or other disposition made of it. Blake v. Miller, 118 Ill. 500; Condon v. Cohen, 88 Ill. App. 333, and cases cited.

The judgment is reversed and the cause remanded.

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Mr. Presiding Justice Shepard

delivered the opinion of the court.

This was a proceeding in distress for rent. A declaration consisting of the common counts in assumpsit was filed. To this the defendant (appellant) filed a plea of the general issue and a special plea of new matter. No issue upon either of the pleas was ever joined, nor was any disposition ever made of the special plea. In this condition the cause was not at issue and was not ready for trial. The cause was nevertheless called for trial, in the absence of the defendant, or any counsel representing him, and evidence was heard and a verdict and judgment rendered in favor of appellee.

This was error, there being no waiver of the objection that there was no replication to the special plea or other disposition made of it. Blake v. Miller, 118 Ill. 500; Condon v. Cohen, 88 Ill. App. 333, and cases cited.

The judgment is reversed and the cause remanded.

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95 Ill. App. 332, 1900 Ill. App. LEXIS 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salomon-v-mccormick-illappct-1901.

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