Patterson v. Steele

Citations

• 36 Ill. 272

Syllabus

<p>1. Practice — what is improper vender certain pleas. In an action of debt by an administrator, where the defendant pleads non est factum, nil debet, and payment, it is erroneous to render judgment against the plaintiff for such amount as the defendant may have proved the plaintiff’s intestate was indebted to the defendant.</p> <p>2. Same—defendant by plea claiming nothing of plaintiff, can recover nothing. By such pleading, the defendant claimed nothing of the plaintiff’s intestate, and could, therefore, recover nothing.</p> <p>3. Same—what is the proper practice in such case. The proper mode to reach that object, is by plea of set-off under section 19 of the practice act, and a proper issue made up thereon, or by notice, clear and specific, under the general issue.</p>