Phillips v. Hood

Citations

• 85 Ill. 450

Syllabus

<p>1. Discontinuance—waiver by appea/i'ance and trial without objection. If a suit in the county court is discontinued by being off the docket for several terms, yet if, on appeal from the judgment of the county court to the circuit court, the parties appear and go to trial without objection, the discontinuance, if any, will be waived.</p> <p>2. Trial by jury—waiver. Where the record shows the trial by the court, and no order waiving a jury, and that the parties were present, and it does not appear that any objection was interposed, there will be no error. It will be a waiver of the right to have a jury tidal.</p>