Condon v. Cohn
Appellate Court of Illinois
Assumpsit, upon due bill.—Error to the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1899.
1Opinion of the CourtJustice Shepard
This was an action of assumpsit. To the declaration, consisting of one special count and the usual common counts, the defendant (plaintiff in error) pleaded the general issue, and payment.
Subsequently by leave of court the defendant filed a plea of set-off. Issue was joined upon the first pleas, but no replication was ever filed to the plea of set-off.
The defendant never having consented to a trial without a replication to such plea, and never having in any manner waived the lack of the replication, it was error to force the cause to trial upon the short cause calendar, over his objection and…
2Cases cited5 opinions
- Seavey v. RogersIllinois Supreme Court · 1873
- Blake v. MillerIllinois Supreme Court · 1886
- Sammis v. ClarkIllinois Supreme Court · 1856
- Reynolds v. AnspachAppellate Court of Illinois · 1883
- Peck v. HubbardAppellate Court of Illinois · 1879
3Cited by2 opinions
- Stare v. VaydaAppellate Court of Illinois · 1924
- Salomon v. McCormickAppellate Court of Illinois · 1901