Walker v. Welch
Illinois Supreme Court
The facts of this case will be found in the opinion of the court. The cause was heard before Sheldon, Judge, and judgment was rendered at November term, 1852, of the Jo Daviess Circuit Court. The defendants in the court below appealed.
1Opinion of the CourtTreat, C. J.
The overruling of the demurrer to the declaration is assigned for error. This assignment cannot be considered. The record shows, that the demurrer was overruled on the 2d of December; and that the defendants, on the 6th of the same month, obtained leave to withdraw it, and plead on the following day. They thereby abandoned the demurrer, and could not afterwards complain of any decision made upon it. On the 7th of December, the defendant Walker filed a plea in abatement, which was properly stricken from the files. It was too late to interpose a dilatory defence, after answering to the merits…
2Cited by7 opinions
- Stearns v. CopeIllinois Supreme Court · 1884
- Crawford v. Abraham Lincoln Life InsuranceAppellate Court of Illinois · 1934
- Heiple v. LehmanIllinois Supreme Court · 1934
- People v. American Life InsuranceIllinois Supreme Court · 1915
- Bradley v. PeopleAppellate Court of Illinois · 1887
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