Ware v. Nottinger
Cases that cite this one
4 later published cases cite this decision.
- Culver v. Colehour (Ill. 1886)
- Mascall v. Commissioners of Drainage District (Ill. 1887)
- Sargent v. Central Warehouse Co. (Ill. App. Ct. 1885)
- Bohmann v. City of Chicago (Ill. App. Ct. 1884)
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 of the Court:
No agreement that the court should try the issues made up in this cause, appears in the record, except the recital in the order of court, which order appears to have been made after the attorneys for the defendant had withdrawn from the case, which withdrawal took place before the court had disposed of the demurrers.
There is nothing then, in the record, to show that a jury was waived. If not waived, then the defendant’s constitutional right to have a jury to try the issues was invaded. Const, art., 13, § 6. No waiver of a jury, or of submission to the court alone, appears to have been made while the defendant had an attorney in court.
For this irregularity the judgment must be reversed.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.