Pratt v. Grimes
Illinois Supreme Court
Writ of Error to the. Circuit Court of Kendall county; the Hon. Madisoh E. Hollister, Judge, presiding. On the second day of July, 1853, Russell Grimes commenced his action of assumpsit in the court below, against James Pratt, by the issuing of a writ of capias ad respondendum, which was duly executed on the day following.
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Writ of Error to the. Circuit Court of Kendall county; the Hon. Madisoh E. Hollister, Judge, presiding. On the second day of July, 1853, Russell Grimes commenced his action of assumpsit in the court below, against James Pratt, by the issuing of a writ of capias ad respondendum, which was duly executed on the day following. Ho declaration was filed until March 26th, 1859; eleven days after the declaration was filed, and on the first day of the next term thereafter, a judgment was rendered against the defendant by default, without any rule being taken requiring him to plead, and without any…
1Opinion of the CourtJustice Beckwith
This suit was commenced on the 2d day of July, 1852, but no declaration was filed until March 26th, 1859. The statute provides : “if no declaration shall be filed ten days before the second term of the court, the defendant shall be entitled to a judgment as in case of a nonsuit.” Scates’ Comp. 253. Unless the defendant had, in some manner, waived the right secured to him by this provision of the statute, he was entitled to the judgment so provided.
Undoubtedly, the right is one which may be waived, but we think a party should, at least, have an opportunity to be heard before he is to be…
2Cited by11 opinions
- Waidner v. PaulyIllinois Supreme Court · 1892
- Dahlin v. Maytag Co.Appellate Court of Illinois · 1925
- Maple v. HavenhillAppellate Court of Illinois · 1890
- Moody v. ThomasIllinois Supreme Court · 1875
- Gilbert v. American Trust & Savings BankAppellate Court of Illinois · 1905
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