Legal Opinion

Miller v. McCormick Harvesting Machine Co.

Appellate Court of Illinois

Decided July 20, 1899PublishedCited by 2 opinions

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

  1. Chicago & Alton Railroad v. ClausenIllinois Supreme Court · 1898
  2. Shreffler v. NadelhofferIllinois Supreme Court · 1890
  3. Harris v. BarnhartCalifornia Supreme Court · 1893
  4. Wright v. GriffeyIllinois Supreme Court · 1893
  5. Brown v. CampbellCalifornia Supreme Court · 1895

8 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Paskewie v. East St. Louis & Suburban Railway Co.Appellate Court of Illinois · 1915
  2. Hubbard v. National Stamping & Electric WorksAppellate Court of Illinois · 1919

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API