Shreffler v. Nadelhoffer
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Will county; the Hon. Charles Blanchard, Judge, presiding.
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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Will county; the Hon. Charles Blanchard, Judge, presiding. This was an action of debt, brought by John W. Nadelhoffer against Andrew Dillman, Andrew H. Shreffler and Henry A. Sanger, upon the following bond: “Know all men by these presents, that we, Andrew Dillman & Edward B. Knowlton and Andrew H. Shreffler & Henry A. Sanger, of the county of Will and State of Illinois, are held and firmly bound unto John W. Nadelhoffer in the penal sum of ten thousand dollars, for the payment of…
1Opinion of the CourtJustice Bailey
Certain questions arising upon the pleadings are presented by counsel which we will notice first. It is said that the defendants’ eighth plea presented a complete defense to the action, and as that plea was unanswered, judgment should have been rendered thereon for the defendants. It appears that the defendants went to trial without objection that said plea was unanswered, and without moving for any judgment thereon for want of a replication. They thereby waived the necessity of a formal issue. As we said in Strohm v. Hayes, 70 Ill. 41, it is the settled doctrine of this court, that,…
2Cases cited9 opinions
- Belloni v. . FreebornNew York Court of Appeals · 1875
- Quincy Coal Co. v. HoodIllinois Supreme Court · 1875
- Hamilton v. . Van RensselaerNew York Court of Appeals · 1871
- Strohm v. HayesIllinois Supreme Court · 1873
- Gebbie v. MooneyIllinois Supreme Court · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Scovill Manufacturing Co. v. CassidyIllinois Supreme Court · 1916
- Consolidated Coal Co. v. ScheiberIllinois Supreme Court · 1897
- Mamerow v. National Lead Co.Illinois Supreme Court · 1903
- T. M. Sinclair & Co. v. National Surety Co.Supreme Court of Iowa · 1906
- Cottrell v. GersonAppellate Court of Illinois · 1938
47 more not listed; retrieve them via the Exa API.