Paul v. People ex rel. Gillen

Citations

• 82 Ill. 82

Syllabus

<p>1. Pkacticb—-judgment without issue of law or fact Where no issue of law or fact is taken upon pleas, it is error for the court, without any trial, to find the defendants guilty of usurping an office, and render judgment of ouster.</p> <p>2. Trial—by court. Where the record fails to show the presence of the defendants or their counsel, at the time of a finding of facts, and the rendition of judgment, by the court, without a jury, it will not be presumed that a trial by jury was waived. If the defendant does not appear after issue formed, the court must order a jury.</p>