Pinkerton v. Sydnor
Appellate Court of Illinois
Error to the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Heard in this court at the March term, 1899.
1Opinion of the Court
Mr. Presiding Justice Sears
delivered the opinion of the court.
It is assigned as error that the trial court erred in overruling the motion in arrest of judgment, because it appears from the record that when the cause, was put upon trial no pleas had been filed by plaintiff in error Pinkerton, no rule upon him to plead had been entered, and his default had not been taken. It was undoubtedly irregular practice to proceed to a trial of an issue of fact when no such issue had been presented by the pleadings, so far as this one plaintiff in error is concerned, but the error can not now be availed…
2Cases cited6 opinions
- Strohm v. HayesIllinois Supreme Court · 1873
- Armstrong v. MockIllinois Supreme Court · 1855
- Ross v. ReddickIllinois Supreme Court · 1832
- Gebbie v. MooneyAppellate Court of Illinois · 1887
- Pinkerton v. MartinAppellate Court of Illinois · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Balswic v. BalswicAppellate Court of Illinois · 1912
- George J. Cooke Co. v. BurkeAppellate Court of Illinois · 1909
- Territory v. PeterHawaii Supreme Court · 1914
- Devine v. Chicago City Railway Co.Appellate Court of Illinois · 1908