Mason v. Strong
Appellate Court of Illinois
Memorandum.—Assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Heard in this court at the October term, 1893, and affirmed.
1Opinion of the CourtJustice Waterman
This was an action upon a promissory note, by the assignee thereof. • The defendant filed a plea of - the general iésue, afterward, when the cause was called for trial, they asked leave to file a special, unverified plea. The court refused to allow the filing of such plea, and such refusal is assigned as error.
It was, under the circumstance, in the discretion of the court to refuse or allow the filing of such plea, and we see no reason for thinking that its discretion was improperly exercised. The case is unlike that of Misch v. McAlpine, 78 Ill. 507; there was-in the case at bar no showing,…
2Cases cited4 opinions
- Misch v. McAlpineIllinois Supreme Court · 1875
- Zielinski v. RemusAppellate Court of Illinois · 1893
- Rohde v. LehmanAppellate Court of Illinois · 1893
- Harris v. ShebeckAppellate Court of Illinois · 1893
3Cited by1 opinion
- Schwartz v. KarlovskyAppellate Court of Illinois · 1894