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29 Ill. App. 423

Griswold v. Brock

Appellate Court of Illinois

Decided October 19, 1888

Appellate Court of Illinois · decided 1888-10-19

<p>Pleadin g—Practice—A newer—Default.</p> <p>It is improper to default a defendant where there is an undisposed of answer on file.</p>

Decided 1888-10-19

Reeves, J.

¶1The appellees filed a bill in chancery against the appellants. The case proceeded to a hearing, and a decree for appellees.

¶2The bill was originally filed against William D. Griswold and John B. Bowman. John B. Bowman died, and his administrator, heirs and widow were made parties to the bill and brought into court. On the 29th day of November, 1886, the administrator, heirs and widow of JohnB. Bowman, deceased, filed their answer to the bill of appellees.

¶3On the 30th day of November, 1887, the administrator, heirs and widow of JohnB. Bowman, deceased, were severally by name defaulted, and the bill taken pro confesso against them, and the decree entered in the cause so recites.

¶4This was manifestly error, and for this error the decree is reversed and the cause is remanded.

¶5Reversed and remanded.

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