Dana v. Adams
Illinois Supreme Court
This was an action of assumpsit, commenced in the McHenry Circuit Court by Adams, against L. D. Dana and another. Process was returned, served on L. D. Dana, Lorenzo Dana not found, at the January term, 1852, of that court. At the return term, the defendants both appeared by counsel, and filed a plea of non assumpsit, and also a special plea. To the plea of non assumpsit, the plaintiff added the similiter, and filed a demurrer" to the special plea.
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This was an action of assumpsit, commenced in the McHenry Circuit Court by Adams, against L. D. Dana and another. Process was returned, served on L. D. Dana, Lorenzo Dana not found, at the January term, 1852, of that court. At the return term, the defendants both appeared by counsel, and filed a plea of non assumpsit, and also a special plea. To the plea of non assumpsit, the plaintiff added the similiter, and filed a demurrer" to the special plea. The cause was continued to the March term, of the Circuit Court. At the March term, 1852, Wilson, Judge, presiding, the following order was…
1Dissent
Trumbull,
Justice, Dissenting. That an attorney has the right, by leave of the court, to withdraw an appearance inadvertently entered, cannot admit of doubt. Cases often happen, in which the appearance of a party has been entered by an attorney through mistake, and the grossest injustice might be done, if, in such a case, and when the rights of the plaintiff could not be prejudiced thereby, such appearance could not, in the discretion of the court, be withdrawn, so as to leave the parties in the same situation as if it had never been entered.
Whether the appearance of the defendant not served…
2Cases cited1 opinion
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