Miller v. McCormick Harvesting Machine Co.
Appellate Court of Illinois
Debt on a Bond.—Trial in the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendants. Heard in this court at the March term, 1899.
1Opinion of the CourtJustice Windes
Appellant, by pleading the plea puis da/rrien continuance, waived all his other pleas and confessed appellee’s cause of action, except as to the matter contested by the plea puis.
In Angus v. Trust & Savings Bank, 170 Ill. 298, the court say:
“ The additional plea filed January 27, 1896, being a plea puis darrien continuance, waived all previous pleas, aud confessed the matter in dispute between the parties. The general rule is that a plea puis darrien continuance supersedes all other pleas and defenses in the canse; and by operation of law the previous pleas are stricken from the record, and…
2Cases cited13 opinions
- Chicago & Alton Railroad v. ClausenIllinois Supreme Court · 1898
- Shreffler v. NadelhofferIllinois Supreme Court · 1890
- Harris v. BarnhartCalifornia Supreme Court · 1893
- Wright v. GriffeyIllinois Supreme Court · 1893
- Brown v. CampbellCalifornia Supreme Court · 1895
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3Cited by2 opinions
- Paskewie v. East St. Louis & Suburban Railway Co.Appellate Court of Illinois · 1915
- Hubbard v. National Stamping & Electric WorksAppellate Court of Illinois · 1919