Ungar v. Feuer

Appellate Court of Illinois

Ungar v. Feuer

172 Ill. App. 204, 1912 Ill. App. LEXIS 510

CourtAppellate Court of Illinois

DecidedOctober 1, 1912

DocketGen. No. 17,202

StatusPublished

Cited by2 cases

This text of 172 Ill. App. 204 (Ungar v. Feuer) 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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Ungar v. Feuer, 172 Ill. App. 204, 1912 Ill. App. LEXIS 510 (Ill. Ct. App. 1912).

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Opinion

Mr. Justice Barnes

delivered the opinion of the court.

Plaintiff in error was sued for the price of goods sold and delivered. His amended affidavit of merits or defense having been stricken from the files, default was taken for want of an affidavit of merits, and the court, without a jury, assessed the damages upon the plaintiff’s affidavit of clainr..

At the time of entering his appearance plaintiff in error filed a demand in writing for a trial by jury, and paid the necessary fees therefor. The default did not-admit the amount of damages. Wanack v. People, 187 Ill. 116; C. & St. L. Ry. Co. v. Holbrook, 72 Ill. 419; Cook v. Skelton, 20 Ill. 107. Under Section 57 of the Practice Act he was entitled, after such demand and payment of fees, to have the damages assessed by a jury. Pinkel v. Domestic Sewing Machine Co., 89 Ill. 277; Electric Co. v. Manf. Co., 111 Ill. 309; Loellke v. Grant, 120 Ill. App. 74.

Whether or not we may take judicial notice that such section is made a part of the rules of the Municipal Court, we may so regard it inasmuch as it is assumed and treated as such by both parties in their briefs. Therefore, for failure to comply with the imperative requirements of the statute as aforesaid, the judgment will be reversed and the cause remanded.

Reversed and remanded.

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Mr. Justice Barnes

delivered the opinion of the court.

Plaintiff in error was sued for the price of goods sold and delivered. His amended affidavit of merits or defense having been stricken from the files, default was taken for want of an affidavit of merits, and the court, without a jury, assessed the damages upon the plaintiff’s affidavit of clainr..

At the time of entering his appearance plaintiff in error filed a demand in writing for a trial by jury, and paid the necessary fees therefor. The default did not-admit the amount of damages. Wanack v. People, 187 Ill. 116; C. & St. L. Ry. Co. v. Holbrook, 72 Ill. 419; Cook v. Skelton, 20 Ill. 107. Under Section 57 of the Practice Act he was entitled, after such demand and payment of fees, to have the damages assessed by a jury. Pinkel v. Domestic Sewing Machine Co., 89 Ill. 277; Electric Co. v. Manf. Co., 111 Ill. 309; Loellke v. Grant, 120 Ill. App. 74.

Whether or not we may take judicial notice that such section is made a part of the rules of the Municipal Court, we may so regard it inasmuch as it is assumed and treated as such by both parties in their briefs. Therefore, for failure to comply with the imperative requirements of the statute as aforesaid, the judgment will be reversed and the cause remanded.

Reversed and remanded.

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172 Ill. App. 204, 1912 Ill. App. LEXIS 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ungar-v-feuer-illappct-1912.

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