Howes v. Austin
Illinois Supreme Court
Appeal from the Superior Court of Chicago: This was an action of assumpsit instituted in the court below by Joshua N. Austin against Allen Howes, as drawer of a check in favor of Lyman S. Knox, which was indorsed to the plaintiff. The declaration contained two special counts upon the check, and the common counts. The defendant pleaded the general issue to the whole declaration, and a special plea in bar to the two special counts.
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Appeal from the Superior Court of Chicago: This was an action of assumpsit instituted in the court below by Joshua N. Austin against Allen Howes, as drawer of a check in favor of Lyman S. Knox, which was indorsed to the plaintiff. The declaration contained two special counts upon the check, and the common counts. The defendant pleaded the general issue to the whole declaration, and a special plea in bar to the two special counts. A similiter was added to the plea of the general issue, and at the December Term, 1861, at the instance of the defendant, a rule was entered requiring the plaintiff…
1Opinion of the CourtChief Justice Walker
The plaintiff was called and defaulted, for want of a replication to defendant’s plea to the first and second counts of the declaration. The plaintiff had failed to reply within the time required by a rule of the court. A judgment was entered that the defendant, as to those counts, go hence without day. This presents the question as to the effect of this judgment. It is contended by plaintiff in error, that this judgment is a bar to a future recovery on the cause of action described in those counts, whether in the same or a different action.
Sir William Blackstone, in his commentaries, says,…
2Cited by7 opinions
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