People ex rel. Williams v. Weber

Citations

• 92 Ill. 288

Syllabus

<p>1. Pleading—plea professing to answer the whole cause of action, hut does not. Where a plea professes, in its commencement, to answer the whole cause of action, but in fact answers only a part, the whole plea is bad.-</p> <p>2. In an action upon the official bond of a sheriff, the breach assigned being the neglect and failure to execute a writ of fieri facias, and a false return to the execution of no property, it was averred in the declaration that there was, during the lifetime of the execution, real estate as well as personal estate of the defendant in execution within the county, subject to execution, out of which the money mentioned therein might have been made, and a plea thereto, professing, in its commencement, to answer the whole cause of action, answered only as to the personal estate, and nothing in respect of the real estate. The plea was held bad on general demurrer because it failed to answer the whole cause of action as it professed to do in its commencement.</p> <p>3. Practice—where demurrer is overruled as to one of several pleas in bar, the other pleas remaining unanswered—of the proper judgment. Where there are several pleas in bar in an action at law, and a demurrer to one of them overruled, the others remaining unanswered, it does not follow, necessarily, that because some of the pleas were unanswered they shall stand admitted, so that upon overruling the demurrer to the plea to which it was interposed, a judgment against the plaintiff in bar of his action shall stand notwithstanding it may result, upon error, that such demurrer was improperly overruled. To justify such a judgment for the reason the pleas were not answered, it should appear that some direct and specific action of the court had been had with respect to the unanswered pleas, as, a rule to plead, or at least giving judgment formally for want of a replication, so as to make known the giving of such judgment and have afforded an opportunity for the avoidance of a judgment in bar o