Edbrooke v. Cooper

Citations

• 79 Ill. 582

Syllabus

<p>1. Pleading—-filing a plea pending a demurrer. A party is not allowed to plead and demur to the same matter.</p> <p>2. A defendant, by filing a plea to a declaration, waives an antecedent demurrer, but this rule does not apply to a plaintiff unless he joins issue on the plea.</p> <p>3. Where a defendant files a demurrer to a declaration, and subsequently files a plea, and, after the plea is filed, the demurrer is argued and overruled, it is proper to strike the plea from the files. The defendant, in such case, is estopped from claiming his demurrer was abandoned.</p>