Nieman v. Wintker

Citations

• 85 Ill. 468

Syllabus

<p>1. Practice—adding similiter to pleas. Where pleas conclude to the country, there is no necessity for a rule to add the similiter before dismissing the suit for want of prosecution. It may be added by the defendant, and a trial may be had without it.</p> <p>2. Same—right to demur under rule of court. A plaintiff will have no right to demur to pleas in disregard of a rule of court, that “ all demurrers, etc., to defendants’ papers must be filed by the meeting of the court next day after filing such papers by defendant, and must be called up and disposed of by the calling of the case, so as to have the case at issue on or before trial day.”</p> <p>3. Same—dismissal for want of prosecution. Under a rule of court that the call of the docket for trial shall commence on the first Wednesday of each term, and that the causes will be disposed of on call, as set by the clerk, if the plaintiff is not present in person or by counsel when his case is reached and called for trial, it is proper to dismiss the same for want of prosecution.</p>