Sammis v. Clark
Illinois Supreme Court
These were actions in debt, to which the defendants below filed to each the general issue and four special pleas. There were four replications to the second plea, but no notice appears to have been taken of any of the others. The parties submitted the cases to the court, Kellogg, Judge, presiding, without the intervention of a jury. There was a finding and judgment in both cases for the plaintiffs below. The defendant below appealed.
1Opinion of the Court
Scates, 0. J.
The defendants here proceeded to trial upon issues on nil debet and the special pleas, without joining issue, or in any manner noticing or disposing of the plea of payment. This has been repeatedly held to be error by this court. Peare v. Wellman et al., 3 Gil. R. 326. And it has been applied as well to the rendition of final judgment on demurrer—Bell et al. v. Sheldon et al., 12 Ill. R. 372; Dow v. Rattle, id. 373; Clark v. The People ex rel. Crane, 15 Ill. R. 217; Hereford v. Crow, 3 Scam. R. 426; Merriweather v. Gregory, 2 Scam. R. 52—as to issues of fact. Upon the same…
2Cited by9 opinions
- Mason v. AbbottIllinois Supreme Court · 1876
- Faurot v. Park National BankAppellate Court of Illinois · 1890
- McDonald v. HallicyColorado Court of Appeals · 1892
- Wells v. MathewsAppellate Court of Illinois · 1897
- Dorn v. BriggsAppellate Court of Illinois · 1903
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