Caldwell v. McCay
Appellate Court of Illinois
Assumpsit, on a promissory note. Error to the County Court of Macon County; the Hon. William L. Hammer, Judge, presiding. Heard in this court at the May term, 1896. Statement of the Case. Judgment in the sum of $654.13 in favor of the appellant and against the appellee was entered by confession under a warrant of attorney in the County Court of Macon County in vacation.
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Assumpsit, on a promissory note. Error to the County Court of Macon County; the Hon. William L. Hammer, Judge, presiding. Heard in this court at the May term, 1896. Statement of the Case. Judgment in the sum of $654.13 in favor of the appellant and against the appellee was entered by confession under a warrant of attorney in the County Court of Macon County in vacation. At the regular term next ensuing of said County Court a motion was entered and sustained to open the judgment and allow the appellee to plead and make defense to appellant’s demand. Pleas were filed and the cause was continued…
1Opinion of the Court
Ib.. Justice Boggs
delivered the opinion of the Court.
The failure of the appellant to take issue upon the plea and to appear had no other effect than to authorize the court to dismiss the cause.
It was error to allow the appellee to waive a jury and confess a judgment in favor of appellant. Williams v. Brunton, 8 Ill. 600; Thompson on Trials, Vol. 2, Sec. 2229.
The judgment so entered is an adjudication of appellant’s demand and concludes him unless reversed. The. error is therefore not merely formal, but of reversible character.
The case of City of East St. Louis v. Thomas, 102 Ill. 453, is…
2Cases cited2 opinions
- City of East St. Louis v. ThomasIllinois Supreme Court · 1882
- Williams v. BruntonIllinois Supreme Court · 1846
3Cited by2 opinions
- People v. ReuterAppellate Court of Illinois · 1900
- Knigge v. BerenzAppellate Court of Illinois · 1956