Barnes v. Sisson
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. S. P. McConnell, Judge, presiding.
1Opinion of the CourtWaterman, P. J.
It is contended by appellee that appellant was in default when this case was tried.
If this were so, still, appellant, the defendant below, had a right to introduce evidence tending to reduce the amount of damages claimed, while he would have no right to give evidence merely by way of set-off. The Town of South Ottawa v. Foster, 20 Ill. 296; Cook v. Skelton, 20 Ill. 107.
Appellant was not required to file an affidavit of merits until the cause was reached for trial. Martin v. Hochstadter, 27 Ill. App. 166; World’s Soap Co. v. Woltz, 27 Ill. App. 302; Jensen v. Fricke, 35 Ill. App. 23; Reid v.…
2Cases cited6 opinions
- Cook v. SkeltonIllinois Supreme Court · 1858
- Town of South Ottawa v. FosterIllinois Supreme Court · 1858
- Martin v. HochstadterAppellate Court of Illinois · 1888
- Jensen v. FrickeAppellate Court of Illinois · 1889
- Reid v. CislerAppellate Court of Illinois · 1890
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3Cited by2 opinions
- Chicago Mill & Lumber Co. v. TownsendAppellate Court of Illinois · 1916
- Furness v. HelmAppellate Court of Illinois · 1894