Brown v. Booth

Illinois Supreme Court
Brown v. Booth, 66 Ill. 419 (Ill. 1872)

Brown v. Booth

Opinion of the Court

Per Curiam:

Only two reasons are urged for reversing this judgment. One is, that the court should not have permitted an additional plea to be filed after the case was remanded from this court. The second is, that the notice to the plaintiff’s attorney to produce the notice formerly served upon his client was not sufficient. In regard to the first point, we need only say that the filing the plea was matter of discretion with the court; and as to the second, the proof of the contents of the original notice was admissible without a notice to produce it. Notice to produce a notice is not necessary. Phillips on Ev. 544. If it were, we think the notice in this case sufficient.

The judgment of the court below is affirmed.

Judgment affirmed.

Reference

Full Case Name
Thomas Brown v. Alden Booth
Cited By
6 cases
Status
Published
Syllabus
1. Practice—filing additional plea. After a cause has been reversed and remanded by this court, it is a matter of discretion with the circuit court whether it will give the defendant leave to file an additional plea. 2. Evidence—proof of contents of notice. A party may prove the contents of a notice served upon the opposite party without first giving notice to produce the original.