Fish v. Regez

The statuté, Sec. 17 of the Practice Act, provides that “ if no declaration shall be filed ten days before the second term of the court, the defendant shall be entitled to judgment as in case of a nonsuit.”

The right to have a suit dismissed, under the provisions of the statute just quoted, may be waived by the defendant. Pratt v. Grimes, 35 Ill. 164; Moody v. Thomas, 79 Ill. 274.

Was there a waiver in this case? The suit was begun and summons personally served on defendant February 25, 1892. The next term of the Superior Court to which the summons was returnable, began on the seventh day of…