Wakefield v. Pennington

Decided October 6, 1881

Appellate Court of Illinois · decided 1881-10-06

<p>Practice — Failure to pile declaration. — Where the record shows that no declaration was filed in the cause, the judgment is erroneous and must he reversed.</p>

Cited by 1 later decisions — most recently January 1910

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1881-10-06

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Wall, J.

¶1Defendant in error brought an action of assumpsit against plaintiff in error. The summons was duly served, and at the return term a default was entered and damages assessed at $324.44. The record fails to show that a declaration was ever filed in the case — rather, it shows that there was none —nor has a diminution been suggested or any reason for supposing that there was a declaration and that it has been misplaced. The judgment must therefore be reversed, and the cause remanded.

¶2Eeversed and remanded.