Unity Co. v. Equitable Trust Co.
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. On January 25, 1890, John P. Altgeld leased from To-bias G. Richardson lots 4 and 5 in the assessor’s division of original lots 3, 4 and 5, in block 37, original town of Chicago, for the term of ninety-nine years, at an annual rental of $18,000, payable quarterly.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. On January 25, 1890, John P. Altgeld leased from To-bias G. Richardson lots 4 and 5 in the assessor’s division of original lots 3, 4 and 5, in block 37, original town of Chicago, for the term of ninety-nine years, at an annual rental of $18,000, payable quarterly. On June 25, 1890, this leasehold estate was conveyed to the Unity Company, of which John P. Altgeld was president. The Unity Company erected thereon a…
1Opinion of the CourtJustice Scott
In this case the complainants filed to the answer of appellant a pleading in the ordinary form of a general replication, which, however, is unsigned. Appellant argues that under these circumstances the answer must be treated as true, and refers to the case of Gruenberg v. Smith, 58 Ill. App. 281. In that case a hearing was had upon bill and answer. The law is well settled that where, as here, the defendant joins in taking proof, and a hearing is had upon the pleadings and proof without objection, the defendant thereby waives the filing of any replication whatever. Marple v. Scott, 41 Ill. 50;…
2Cases cited2 opinions
- Marple v. ScottIllinois Supreme Court · 1866
- Grunenberg v. SmithAppellate Court of Illinois · 1895
3Cited by4 opinions
- Colorado & Southern Railway Co. v. BlairNew York Court of Appeals · 1915
- Wood v. GridleyAppellate Court of Illinois · 1920
- Roe v. EngstromAppellate Court of Illinois · 1928
- Roth v. RothAppellate Court of Illinois · 1968