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Fish v. Wheeler

Selden Fish v. Charles Gilbert Wheeler

Fish v. Wheeler, 31 Ill. App. 596 (1889)
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Court
Appellate Court of Illinois · State Appellate Courts
Decided
April 3, 1889
Judges
Gary
Citations
31 Ill. App. 5961888 Ill. App. LEXIS 419
Headnotes
Practice—Judgment by Default—Undisposed-of Demurrer. It is improper to render a judgment by default, while a demurrer to (he declaration is on file and undisposed of.
Summary
In error to the Superior Court of Cook County; the Hon. Rollin S. Williamson, Judge, presiding.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gary

Text extracted by OCR from a scanned original; check the original for exact wording.

Gary, J. There is no way to avoid reversing this judgment. A default was taken and judgment thereon entered, with a demurrer to the. declaration on file. Mason v. Abbott, 83 Ill. 445 and cases there bited; Parrott v. Goss, . 17 Ill. App. 110 .

Reversed and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1915: 119152026peak 1915 · 1

Relies on it most ⓘ

  1. Bertagnolli Bros. v. Bertagnolli148 P. 374 (Wyo. 1915)

Most recent

  1. Bertagnolli Bros. v. Bertagnolli148 P. 374 (Wyo. 1915)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Mason v. Abbott, 83 Ill. 445 (1876) 15
Parrott v. Goss, 17 Ill. App. 110 (1885) 5

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