Ware v. Nottinger
Illinois Supreme Court
Writ op Error to the Circuit Court of La Salle county; the Hon. Madisox E. Hollister, Judge, presiding. The defendant in error brought an action of covenant against the plaintiff in error. To several of the special pleas filed by the defendant below, a demurrer was interposed, and on the 20th of June, 1863, the following order was entered: “ This day Messrs.
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Writ op Error to the Circuit Court of La Salle county; the Hon. Madisox E. Hollister, Judge, presiding. The defendant in error brought an action of covenant against the plaintiff in error. To several of the special pleas filed by the defendant below, a demurrer was interposed, and on the 20th of June, 1863, the following order was entered: “ This day Messrs. Gray, Avery & JBushnell withdraw their appearance herein for the defendant, and it is ordered by the court, on motion of Glover, Cook and Campbell, of counsel for plaintiff, that plaintiff’s demurrer to defendant’s second, third, fourth…
1Opinion of the CourtJustice Breese
No agreement that the court should try the issues made up in this cause, appears in the record, except the recital in the order of court, which order appears to have been made after the attorneys for the defendant had withdrawn from the case, which withdrawal took place before the court had disposed of the demurrers.
There is nothing then, in the record, to show that a jury was waived. If not waived, then the defendant’s constitutional right to have a jury to try the issues was invaded. Const, art., 13, § 6. No waiver of a jury, or of submission to the court alone, appears to have been made…
2Cited by4 opinions
- Culver v. ColehourIllinois Supreme Court · 1886
- Mascall v. Commissioners of Drainage DistrictIllinois Supreme Court · 1887
- Sargent v. Central Warehouse Co.Appellate Court of Illinois · 1885
- Bohmann v. City of ChicagoAppellate Court of Illinois · 1884