Legal Opinion

Wilson v. Baillargeon Interior Building Co.

Appellate Court of Illinois

Decided March 26, 1894PublishedCited by 1 opinion

Memorandum.—Error to the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding.

1Opinion of the CourtJustice Gary

The clerk of the Circuit Court has certified a complete transcript of the record below, and in it is no plea; it must be taken as true that no plea was ever in the case; and that, notwithstanding that the judgment entry says “ issues being joined,” there never was an issue. But if there had been, the judgment could not be sustained. The declaration shows no cause of action, and that is an objection always open to the defendant when he brings a case into a court of review and assigns it as error. Chi., Mil. & St. Paul Ry. v. Hoyt, 50 Ill. App. 583; Chi. & E. I. R. R. v. Hines, 132 Ill. 161.

We…

2Cases cited3 opinions

  1. Chicago & Eastern Illinois Railroad v. HinesIllinois Supreme Court · 1890
  2. Funk v. PiperAppellate Court of Illinois · 1893
  3. Chicago, Milwaukee & St. Paul Ry. Co. v. HoytAppellate Court of Illinois · 1893

3Cited by1 opinion

  1. Western Wheel Works v. StachnickAppellate Court of Illinois · 1902

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