Hull v. Johnston

Citations

• 90 Ill. 604

Syllabus

<p>1. Practice—plea is waiver of demurrer. The filing of a plea to a declaration is a waiver of an antecedent demurrer to the declaration, and it is error to strike such plea from the files, and decide the demurrer, against the objection of the defendant.</p> <p>2. Estoppel—by statement in court. Where a defendant states, in open court, that he waives a demurrer filed by him to the declaration, and relies on his plea subsequently filed, this is equivalent to an express .withdrawal of the demurrer, and will estop him from afterwards insisting upon the demurrer.</p>