Gallatin County IL Archives Court.....White, Vs. Thompson 1819-31
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Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 June 4, 2008, 11:05 pm

Source: Reports Of Cases Illinois
Written: 1819-31

November Term 1823.


Samuel L. White, Plaintiff in Error, v. Thomas Thompson, Defendant in Error.

ERROR TO GALLATIN.

It is error in the court to render a judgment by default when a plea is filed 
and unanswered.

Opinion of the Court by Chief Justice Thomas Reynolds, and Associate Justice 
John Reynolds. This was an action of trespass commenced by the defendant here 
in the court below. To which action White pleaded the pendency of a former 
suit for the same cause of action, in abatement. Notwithstanding which plea, 
and without replying thereto, the plaintiff proceeded to take judgment by 
default, and a jury were impanneled who assessed the damages.

The error assigned, and the one relied upon, questions the legality of these 
proceedings.

The court certainly erred in rendering judgment by default after the plea was 
filed, and while the same remained upon record unanswered. For this error the 
judgment must be reversed, and the cause remanded for new proceedings to be 
had not inconsistent with this opinion. (1)

Judgment reversed.

Lockwood and Blackwell, for plaintiff. 

Starr, for defendant.

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(1) Affirmed in Semple v. Locke, post. Lyon v. Barney, 1 Scam., 387. Manlove 
v. Bruner, id., 390. Covell et al. v. Marks, id., 391. McKinney v. May, Id., 
534. Chapman v. Wright, 20 Ill., 120. Moore v. Little, 11 Ill., 549.

When the record shows that a plea was filed and a judgment by default rendered 
on the same day, the judgment will be reversed. The court will not presume 
that the plea was filed after the judgment was entered. Lyon v. Barney, supra.

Additional Comments:
Reports of Cases at Common Law and in Chancery, Argued and Determined in the 
Supreme Court of the State of Illinois, From its First Organization in 1819, 
to the End of December Term, 1831. By Sidney Breese, Counsellor at Law. Second 
Edition, with Additional Notes, By Edwin Beecher. Chicago: Callaghan & 
Company, 1877.

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