Parrott v. Goss

This was an action of covenant, brought by Austin J. Goss against Mary Parrott, to recover damages for a breach of a covenant of warranty against incumbrances in a deed. The defendant appeared and tiled a plea of non esi factnim; but after the plea was filed, the court, without making any disposition of the plea, entered judgment against the defendant by default, for $758.21 and costs.

In an action at law, where a plea has been filed, unless it has been stricken from the files or otherwise disposed of, the court is powerless to enter the default of the defendant. Mason v. Abbott, 83 Ill. 446.

Th…