Kimball & Ward v. Tanner
Illinois Supreme Court
Appeal from the Circuit Court of Massac county; the Hon. David J. Baker, Judge, presiding. This was an action upon a contract against two defendants, both of whom were served with process. The irregularity in the judgment is set forth in the opinion of the court.
1Opinion of the CourtJustice Thornton
Both defendants, in the court below, were served, but only' one pleaded. The plea was the general issue.
Upon issue joined, a trial was had before the court by consent, and judgment was formally rendered against one defendant, without any notice of the other. A motion for a new trial was then made.
After that motion the court ordered the other defendant to be called, and entered his default and assessed the damages against him, and then overruled the motion for a new trial, and rendered judgment against both defendants.
This proceeding was, beyond any question, irregular. The default of the…
2Cases cited1 opinion
- Faulk v. KellumsIllinois Supreme Court · 1870
3Cited by4 opinions
- Bissell v. CushmanSupreme Court of Colorado · 1879
- West Chicago Street Railway Co. v. AnnisAppellate Court of Illinois · 1896
- Goodale v. CooperAppellate Court of Illinois · 1880
- Ward v. StanleyAppellate Court of Illinois · 1891