Baker v. Fawcett
Appellate Court of Illinois
Assumpsit, on notes for rent. Appeal from the Circuit Court of Sangamon County; the Hon. James A. Creighton, Judge, presiding.
1Opinion of the Court
Mr. Presiding Justice Boggs
delivered the opinion of the Court.
Appellant, by demurrer, questioned whether the pleas presented a legal ground of defense to the action.
The court overruled the demurrers and appellant did not abide the issue of law presented by them, but by appropriate replications raised issues of fact and submitted such issues to a jury for decision.
We see nothing to take this feature of the case out of the general rule that pleading to the merits shall be deemed an admission that the pleas state a legal ground of defense. Shreffler et al. v. Nadelhoffer, 133 Ill. 536; Green &…
2Cases cited3 opinions
- Shreffler v. NadelhofferIllinois Supreme Court · 1890
- Babcock v. TriceIllinois Supreme Court · 1857
- Schuchmann v. KnoebelIllinois Supreme Court · 1862
3Cited by5 opinions
- Seimer v. James Dickinson Farm Mortgage Co.District Court, E.D. Illinois · 1924
- Feldman v. Oman Associates, Inc.Appellate Court of Illinois · 1974
- New York Life Insurance v. EastonAppellate Court of Illinois · 1897
- McInturff v. Insurance Co. of North AmericaAppellate Court of Illinois · 1910
- Connelly v. George A. Fuller Co.Appellate Court of Illinois · 1911