Legal Opinion
Pease v. Bartlett
Appellate Court of Illinois
Decided October 24, 1901PublishedCited by 3 opinions
Replevin. — Error to the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Heard in this court at the March term, 1901.
1Opinion of the CourtJustice Sears
Among the errors assigned is the following:
“ Said Circuit Court of Cook County erred in entering the order of January 3, 1900, defaulting said James Pease for failure to plead to said declaration as amended.”
We are of the opinion that the error is well assigned. The record as now presented, including the amendment by which the judgment is shown to have been taken by default, discloses that the default was taken when the defendant’s pleas were on file and undisposed of. These pleas were apt pleas, responsive to the plaintiff’s declarar t-ion, and they set up a complete defense to the…
2Cases cited11 opinions
- Wright v. the Lessee of HollingsworthSupreme Court of the United States · 1828
- Milwaukee Mechanics' Insurance v. SchallmanIllinois Supreme Court · 1900
- Nudd v. ThompsonCalifornia Supreme Court · 1867
- Doane v. GlennSupreme Court of Colorado · 1872
- Read v. . FrenchNew York Court of Appeals · 1863
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3Cited by3 opinions
- Van Woert v. New York Life InsuranceNorth Dakota Supreme Court · 1915
- Dubois v. RobbinsAppellate Court of Illinois · 1904
- Farley v. DeanAppellate Court of Illinois · 1915