Maxwell v. Habel
Appellate Court of Illinois
Trespass.—Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in this court at the March term, 1900.
1Opinion of the CourtJustice Windes
The court erred in forcing appellants to trial against their objection, as there was no replication to the third special plea of justification of the Maxwells. Adams v. Neeley, 15 Ill. 380; Blake v. Miller, 118 Ill. 500; Seavey v. Rogers, 69 Ill. 534.
The cases cited by appellee’s counsel on this point do not-sustain their contention that going to trial upon the merits without replication to pleas, is not cause for reversal of the judgment. The cases cited are to the effect that a reversal will not be made in such case where the parties go to trial without objection.
During the course of the…
2Cases cited11 opinions
- Claflin v. DunneIllinois Supreme Court · 1889
- Jansen v. VarnumIllinois Supreme Court · 1878
- Seavey v. RogersIllinois Supreme Court · 1873
- Ohio & Mississippi Railroad v. IrvinIllinois Supreme Court · 1862
- Sinamaker v. RoseAppellate Court of Illinois · 1896
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3Cited by8 opinions
- People v. BoyceAppellate Court of Illinois · 1977
- Boyd v. West Chicago Street RailroadAppellate Court of Illinois · 1904
- French v. ScobeyAppellate Court of Illinois · 1903
- Home Guardian of America v. HoltAppellate Court of Illinois · 1903
- McLeod v. Andrews & Johnson Co.Appellate Court of Illinois · 1904
3 more not listed; retrieve them via the Exa API.