38 Ill. App. 96
Decided June 27, 1889
Appellate Court of Illinois · decided 1889-06-27
<p>Practice.</p> <p>It is improper, upon an appeal from a justice, for the court appealed to, to default appellant and render a judgment thereon, without a trial by jury or nny waiver thereof by him, his plea being on file.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1889-06-27
Cited by 5 later decisions — most recently March 1937
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.
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¶1Plaintiff in error was one of several defendants in a suit before a justice of the peace on what purported to be their joint note, and filed a proper plea denying its execution. On appeal the Circuit Court defaulted him and rendered judgment thereon, without a trial by jury or any waiver thereof by him. This was error. Defendant in error has filed no brief here, and the judgment will be reversed for want of it, under the rule.
¶2Reversed and remanded.