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Faurot v. Park National Bank

Benjamin C. Faurot v. Park National Bank

Faurot v. Park Nat'l Bank, 37 Ill. App. 322 (1890)
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Court
Appellate Court of Illinois · State Appellate Courts
Decided
November 11, 1890
Judges
Waterman
Citations
37 Ill. App. 3221890 Ill. App. LEXIS 187
Headnotes
Practice—Default—Mistake. A judgment by default for want of a plea, rendered under a mistake, a plea being on file, can not stand.
Summary
In ebbob to the Circuit Court of Cook County; the lion. Richard S. Tuthill, 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 — Waterman

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

Waterman, J. In this case it appears that attachment proceedings were begun by the Park National Bank against Benjamin C. Faurot, on the 12th day of April, 1889. Faurot appeared by attorney May 21, 1889, and on the 15th day of June, 1889, filed his plea of the general issue.

On the 18th of June the default of Faurot “ for want of a plea ” was taken, and judgment was entered against him for §3,829.74.

It is doubtless the case that neither the court nor the plaintiff below were aware that a plea had been filed when the default was entered. However this may be, with a plea on file, it was error, without some disposition of the plea, to enter the default of Faurot. Parrot v. Goss, 17 Ill. App. 110 ; Mason v. Abbott, 83 Ill. 445 ; Sammis v. Clark. 17 Ill. 398 ; Steelman v. Watson, 5 Gilm. 249 ; McKenney v. May, 1 Scam. 334 .

Reversed and remanded.

How later courts describe this case

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

1893: 11897: 11903: 218932026peak 1903 · 2

Relies on it most ⓘ

  1. Wells v. Mathews70 Ill. App. 504 (1897)
  2. Dorn v. Briggs106 Ill. App. 79 (1903)
  3. Race v. Irving Park Hall Ass'n50 Ill. App. 131 (1893)
  4. Dorn v. Bradner Smith & Co.106 Ill. App. 91 (1903)

Most recent

  1. Dorn v. Briggs106 Ill. App. 79 (1903)
  2. Dorn v. Bradner Smith & Co.106 Ill. App. 91 (1903)
  3. Wells v. Mathews70 Ill. App. 504 (1897)
  4. Race v. Irving Park Hall Ass'n50 Ill. App. 131 (1893)

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 3

DepthCaseCited by
Mason v. Abbott, 83 Ill. 445 (1876) 15
Sammis v. Clark, 17 Ill. 398 (1856) 8
Parrott v. Goss, 17 Ill. App. 110 (1885) 5

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