Steelman v. Watson

Decided December 15, 1848

Illinois Supreme Court · decided 1848-12-15

Attachment, in the Adams Circuit Court, brought by the defendants in error against the plaintiffs in error.- Several motions were made in the Circuit Court and duly disposed- of. Steelman then filed with the Clerk a special-demurrer to the declaration. At the October term, 1848,• the Hon. Norman H. Purple presiding, when the cause was called for trial, one of the defendants’ counsel stated in substance, that he believed they w.ould have nothing further to do with the case.

Decided 1848-12-15

¶1The Opinion of the Court was delivered by

Caton, J.

¶2We should not regret it, if we could concur with the very ingenious argument of the counsel for the defendants in error, yet we are constrained to the conclusion, that it was error in the Circuit Court to render judgment by nil dicit against the defendant Steelman, when he had a demurrer in to the declaration unanswered and undisposed of in any way, and when he had taken no step in the cause subsequently, whereby he might have waived the demurrer, There is no doubt that neither the Court or the plaintiffs’ counsel was aware of the demurrer being upon the liles; still the record shows it was there, and it was error to proceed to judgment without disposing of it.

¶3The judgment is reversed with costs, and the cause re-» jqanded for further proceedings.

¶4Judgment reversed,