Lehr v. Vandeveer

Decided December 2, 1892

Appellate Court of Illinois · decided 1892-12-02

<p>1. Practice—Failure to Enter a Default.—On the trial of an action of assumpsit, the court, in the absence of a plea to the declaration, and in the absence of the defendant, without entering a default, impaneled a jury and proceeded to assess the plaintiff’s damages, and upon the verdict rendered a judgment. Held, that the failure to take and enter the default was a fatal error.</p>

Cited by 3 later decisions — most recently October 1910

3 state decisions

Relies on Crabtree v. Green

Good law ✅— No negative treatment on recordhow we know

Decided 1892-12-02

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¶1Opinion

by the Court.

¶2In the court below, in an action of assumpsit, in the absence of a plea to the declaration, the court, when the plaintiff in error, who was defendant, was not present, without entering a default, impaneled a jury, assessed the damages of the defendant in error, as administrator, who was the plaintiff in the- action, and upon the verdict of the jury thus procured, rendered the judgment sought to be reversed. Upon the authority of Crabtree v. Green, 36 Ill. 278, it seems that the failure to take and enter the default, was a fatal error. This holding is not without the support of other authorities. 5th Amer. & Eng. Ency. of Law, 487. For the omission indicated, the judgment is reversed and the cause remanded.