Lindsay v. Stout

Citations

• 59 Ill. 491

Syllabus

<p>1. Plea in abatement—waiver. A plea in bar filed in a cause, will operate as a waiver of a plea in abatement previously filed.</p> <p>2. Plea unanswered—trial without an issue. Where a case stands merely upon a plea of confession and avoidance, which constitutes a good bar to the action, a verdict and judgment in favor of the plaintiff, resulting from a trial while such plea remains unanswered, will be erroneous, there being no issue to be tried.</p>