Hazen & Lundy v. Pierson & Co.

This was assumpsit, by appellees against appellants, for goods, wares and merchandize sold and delivered.

Appellants pleaded non assumpsit, to which no similiter was added, and it is argued that the court erred in compelling appellants to proceed to trial without the similiter being added. This, although apparently seriously urged, is frivolous, for, as was said in Gillespie v. Smith et al. 29 Ill. 476, “ The similiter to a plea of not guilty, or to any negative plea, can be added by the defendant if he chooses to add it, and it is not error to proceed to trial without it. Waters v. Simpson, 2…