McHenry County IL Archives Court.....Bell, V Sheldon 1850 ************************************************ Copyright. All rights reserved. http://www.usgwarch.org/copyright.htm http://www.usgwarch.org/il/ilfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 May 25, 2008, 8:08 am Source: Records Of Cases Illinois Written: 1850 Thomas Bell et al., plaintiffs in error, v. Henry Sheldon et al., defendants in error. Error to McHenry It is erroneous to enter final judgment against a defendant, when the issue presented by a plea has not been tried. (a) This was an action of assumpsit brought by the defendants in error in the McHenry Circuit Court. Several pleas in addition to the general issue, were filed by the defendants; to the special pleas, demurrers were filed, which were sustained by the court, and the defendants standing by their pleas, judgment was rendered for the plaintiffs for the sum of $530.42, without any notice of the issue joined upon the plea of nno assumpsit. The cause was heard before Henderson, Judge, at April term, 1851. C. McClure, for plaintiffs in error. J. Loop, for defendants in error. Treat, C. J. This judgment must be reversed. After sustaining a demurrer to several special pleas, the court proceeded to render a final judgment against the defendants, without noticing a plea of non assumpsit. The issue presented by that plea had to be tried and found against the defendants, before the plaintiffs were entitled to judgment. Judgment reversed. ---------------- (a) Accord Manlove v. Bruner, 1 Scam., 390; Covell v. Marks, Id., 391; Dow v. Rattle, post, 373; Merriweather v. Gregory, 2 Scam., 50; Hereford v. Crow, 8 Scam., 423; Riley v. Loughrey, 22 Ill., 98; McAllister v. Ball, 24 Ill., 150; Mix v. The People, 26 Ill., 480; Summit v. Clark, 17 Ill., 398. Additional Comments: Reports of Cases Determined in the Supreme Court of the State of Illinois from November Term, 1850, to June Term, 1851, both inclusive by E. Peck, Counsellor at Law. Volume XII. Reprinted from the Original Edition, with Annotations by William Gordon McMillan of the Chicago Bar. Callaghan & Company, Chicago, Ill. 1881. File at: http://files.usgwarchives.net/il/mchenry/court/bell153gwl.txt This file has been created by a form at http://www.genrecords.org/ilfiles/ File size: 2.4 Kb