Greenleaf v. Roe
Illinois Supreme Court
This was an action of assumpsit. A demurrer to the declaration was filed and overruled. The defendant then obtained time to plead; The other proceedings are stated in the opinion. Judgment was rendered for plaintiff in the court below, by J. M. Wilson, Judge, at the March special term, 1856.
1Opinion of the Court
Soates, O. J.
We have examined the declaration, and find no matter of substance obnoxious to a demurrer, and deem it unnecessary to enter into any discussion of the subject. The plaintiff had time allowed him to file a plea, and did file the general issue, with notice of special matter of sot-off. But for want of an affidavit of merits, the plea was stricken from the files, a default entered, and judgment rendered upon proofs heard before the court.
The plaintiff entered Ms motion to set aside the default, supported by affidavit of his attorney, to the merits of the defence, that the plaintiff…
2Cited by11 opinions
- Russ v. GilbertSupreme Court of Florida · 1882
- Hitchcock v. HerzerIllinois Supreme Court · 1878
- Waugh v. SuterAppellate Court of Illinois · 1878
- Culver v. BrinkerhoffIllinois Supreme Court · 1899
- Constantine v. WellsIllinois Supreme Court · 1876
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