Holly v. Powell

Citations

• 63 Ill. 139

Syllabus

<p>1. Practice in chancer?—upon allowing exceptions to sufficiency of answer. The statute is imperative, if an answer is adjudged insufficient on exceptions filed, that the defendant must be ruled to answer further before the cause can be set down for a hearing.</p> <p>2. So, in a suit to foreclose a mortgage, where, upon allowing exceptions filed by complainant to defendant’s answer, the court entered a decree of foreclosure, it was held, the decree was premature—that the defendant should have been ruled to put in a sufficient answer.</p> <p>3. Same—exceptions to answer—waiver as to its character as such. And it was too late, upon appeal by the defendant to this court, for the complainant to urge that the paper put in by the defendant as an answer was no answer, as he had treated it as an answer by taking exceptions to it as the statute required.</p>