Saunders v. Fox
Appellate Court of Illinois
Error to the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in this court at the March term, 1911.- Statement by the Court. Plaintiff Saunders leased to defendant Fox by written lease for one year from May 1, 1910, at a rental of $70 per month, the house 510 Arlington Place, Chicago.
Read the full summary
Error to the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in this court at the March term, 1911.- Statement by the Court. Plaintiff Saunders leased to defendant Fox by written lease for one year from May 1, 1910, at a rental of $70 per month, the house 510 Arlington Place, Chicago. Following the description of the demised premises in the lease is the provision: “together with the privilege of the use, for lawn purposes in common with the lessor, of the lawn East and adjoining said house except the East 50 feet of said lawn, which said East 50 feet is not…
1Opinion of the CourtJustice Baker
The filing of an amended affidavit of defense was an abandonment of the original affidavit. Rule 17 of the Municipal Court provides that in cases of the fourth class where the affidavit of defense is stricken from the files for insufficiency the court may enter judg-ruent as in cases of default on tlie plaintiff’s affidavit of claim. Tlie contention of plaintiff in error that he was entitled to a trial by a jury, although his amended affidavit of defense had been stieken from the files and he did not ask leave to file another affidavit of defense, cannot be sustained. Neither was he entitled…
2Cases cited3 opinions
- Keating v. SpringerIllinois Supreme Court · 1893
- Barrett v. BoddieIllinois Supreme Court · 1895
- Chicago Legal News Co. v. BrowneIllinois Supreme Court · 1882
3Cited by4 opinions
- Mileski v. KerbyWyoming Supreme Court · 1941
- Wallace v. ArmstrongAppellate Court of Illinois · 1925
- Hardware Wholesalers, Inc. v. HeathAppellate Court of Illinois · 1973
- Hardware Wholesalers, Inc. v. HeathAppellate Court of Illinois · 1973