Denton v. Central School Supply House
Cases that cite this one
1 later published case cites this decision.
- Mundhenke v. Mundhenke (Ill. App. Ct. 1896)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion ot the Court.
Appellant being the plaintiff upon a trial without a jury in the County Court, before any finding had been recorded, asked that he be permitted to take a voluntary non-suit; this request the court denied. Afterward the plaintiff moved for a new trial and argued the same; this, it is urged by the appellee, was a waiver of appellant’s right to the non-suit for which he had before asked.
We do not think that such was the effect of the motion for a new trial. Appellant waived no right by pointing out errors which he alleged the court had made upon the trial. The right, under the circumstances, to take a voluntary non-suit was absolute. Shabad v. Hanchett, 40 Ill. App. 545; Howe v. Harroun, 17 Ill. 494; Prindeville v. Leon, 11 Ill. App. 657; Wilson Sewing Machine Co. v. Lewis, 10 Ill. App. 194; Stanton v. Linsey, 151 Ill. 301.
The judgment of the Circuit Court is reversed and the cause remanded with directions to enter a non-suit.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.