Niehoff v. People

The brief of the plaintiffs in error very forcibly sets out the evils of the practice in this State, permitting steps to be taken in a pending cause, without notice—a practice which we can not reform.

This suit was originally commenced as an action in assumpsit upon the common counts. Next an additional count was in debt upon a guardian’s bond. Next a default entered of defendants Niehoff and Goerner—the real name being Goergen, and the same day leave granted to withdraw the common counts. Then pleas by defendant Eyan. Then a trial between the People and Eyan by a jury sworn to try the issues…