Anderson v. Jacobson
Illinois Supreme Court
Writ oe Error to the Circuit Court of Ford county; the Hon. A. J. Gallagher, Judge, presiding. This was an action, by the plaintiff in error, against the defendant in error, upon a promissory note and upon an account. The defendant below pleaded the general issue, set-off, non est factum, and coverture. There was a trial had, which resulted in a verdict and judgment in favor of the defendant below.
1Opinion of the CourtJustice Walker
It is urged that the court below erred in trying the cause whilst a replication of former recovery to defendant’s plea of set-off remained unanswered. There are none of the pleadings given by plaintiff in error in his abstract, and the replication to which he refers is not given or in any manner specified. We find, however, by turning to the record, such a replication. But we do not regard this as such an error as requires a reversal. If plaintiff in error had desired a formal traverse of the replication, he should have taken a rule on defendant to rejoin. There is no doubt that he had the…
2Cases cited2 opinions
- Love v. MoynehanIllinois Supreme Court · 1855
- Prescott v. FisherIllinois Supreme Court · 1859
3Cited by4 opinions
- Funk v. BabbittIllinois Supreme Court · 1895
- Supreme Court of Honor v. BarkerAppellate Court of Illinois · 1901
- Thompson v. ScottAppellate Court of Illinois · 1878
- Rosenthal v. MayhughOhio Supreme Court · 1877