Legal Opinion

Faurot v. Park National Bank

Appellate Court of Illinois

Decided November 11, 1890PublishedCited by 4 opinions

In ebbob to the Circuit Court of Cook County; the lion. Richard S. Tuthill, Judge, presiding.

1Opinion of the CourtWaterman, J.

In this case it appears that attachment proceedings were begun by the Park National Bank against Benjamin C. Faurot, on the 12th day of April, 1889. Faurot appeared by attorney May 21, 1889, and on the 15th day of June, 1889, filed his plea of the general issue.

On the 18th of June the default of Faurot “ for want of a plea ” was taken, and judgment was entered against him for §3,829.74.

It is doubtless the case that neither the court nor the plaintiff below were aware that a plea had been filed when the default was entered. However this may be, with a plea on file, it was error, without some…

2Cases cited3 opinions

  1. Mason v. AbbottIllinois Supreme Court · 1876
  2. Sammis v. ClarkIllinois Supreme Court · 1856
  3. Parrott v. GossAppellate Court of Illinois · 1885

3Cited by4 opinions

  1. Wells v. MathewsAppellate Court of Illinois · 1897
  2. Dorn v. BriggsAppellate Court of Illinois · 1903
  3. Dorn v. Bradner Smith & Co.Appellate Court of Illinois · 1903
  4. Race v. Irving Park Hall Ass'nAppellate Court of Illinois · 1893

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