Flanders v. Whittaker

Decided June 15, 1852

Illinois Supreme Court · decided 1852-06-15

The judgment, to reverse which this writ of error is brought, was rendered by Wilson, Judge, at the April term, 1851, of the McHenry Circuit Court. The facts of the case will be found in the opinion of the court.

Good law ✅— No negative treatment on recordhow we know

Decided 1852-06-15

How this case has been cited

Cited by 5 later decisions — most recently March 1928

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Treat, C. J.

¶1This was a proceeding by scire facias to foreclose a mortgage. The defendant was ruled to plead by a particular day. He filed a demurrer to the scire facias, after that day had passed. A judgment by default was subsequently entered against him. The rendition of that judgment is now assigned for error. The defendant had no right to plead after the expiration of the rule, without the special leave of the court. The demurrer was put on the files without first obtaining such leave, and it was very properly disregarded by the court. The plaintiff was as much entitled to a judgment by default when the demurrer was filed, as he was at the moment the rule to plead had expired.

¶2The judgment is affirmed. Judgment affirmed.