Seavey v. Rogers

Citations

• 69 Ill. 534

Syllabus

<p>1. Practice—trial without issues being made up. It has been held, that where both parties appear and go to trial upon the merits, without replication to pleas or rejoinder to replications, the judgment will not be reversed for the want of formal issues of fact being made before trial. 2. Same—trial in such case must be by consent. But where a cause was tried, in the absence of the plaintiff, upon a plea of set-off, which was unanswered, it has been held that it was error, as there was no issue of fact to be tried, and no waiver on the part of the plaintiff.</p> <p>3. Same—ichere plea is unanswered. Where the plaintiff fails to reply to the defendant’s pleas, the law requires the defendant to take a rule on the plaintiff to answer them, and, on failure to comply with the rule, the proper practice is for the court to dismiss the suit for want of prosecution.</p>