Moreland v. Bebber
Appellate Court of Illinois
Assumpsit, on a promissory note. Error to the Circuit Court of Cook County; the Hon. Robert W. Hilscher, Judge presiding.
1Opinion of the CourtJustice Waterman
It has long been the rule in this state that voluntarily-going to trial with a plea unanswered is a waiver of such plea. , Brazzle v. Hawkins & Usher, Breese, 35; Ross v. Reddick, 1 Scam. 73; Armstrong v. Mock, 17 Ill. 166; Spencer v. Langdon, 21 Ill. 192; Strohm v. Hayes, 70 Ill. 41; St. L., A. & T. H. Ry. Co. v. Brown, 34 Ill. App. 555; Kaestner v. First National Bank, 170 Ill. 322.
Had the defendant below appeared, and without calling attention to the additional unanswered pleas or objection, gone to trial, his so doing might, after verdict, have been treated as a waiver of the pleas. It…
2Cases cited11 opinions
- Strohm v. HayesIllinois Supreme Court · 1873
- Seavey v. RogersIllinois Supreme Court · 1873
- Armstrong v. MockIllinois Supreme Court · 1855
- Kaestner v. First National BankIllinois Supreme Court · 1897
- Blake v. MillerIllinois Supreme Court · 1886
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3Cited by1 opinion
- McKeon v. McKeonAppellate Court of Illinois · 1955