Faurot v. Park National Bank

Appellate Court of Illinois
Faurot v. Park National Bank, 37 Ill. App. 322 (1890)
1890 Ill. App. LEXIS 187
Waterman

Faurot v. Park National Bank

Opinion of the Court

Waterman, J.

In this case it appears that attachment proceedings were begun by the Park National Bank against Benjamin C. Faurot, on the 12th day of April, 1889. Faurot appeared by attorney May 21, 1889, and on the 15th day of June, 1889, filed his plea of the general issue.

On the 18th of June the default of Faurot “ for want of a plea ” was taken, and judgment was entered against him for §3,829.74.

It is doubtless the case that neither the court nor the plaintiff below were aware that a plea had been filed when the default was entered. However this may be, with a plea on file, it was error, without some disposition of the plea, to enter the default of Faurot. Parrot v. Goss, 17 Ill. App. 110; Mason v. Abbott, 83 Ill. 445; Sammis v. Clark. 17 Ill. 398; Steelman v. Watson, 5 Gilm. 249; McKenney v. May, 1 Scam. 334.

Reversed and remanded.

Reference

Full Case Name
Benjamin C. Faurot v. Park National Bank
Cited By
4 cases
Status
Published