Sheldon v. Van Vleck

Citations

• 106 Ill. 45
• 1883 Ill. LEXIS 140

Syllabus

<p>1. Pleading in ejectment—what special pleas allowed—evidence under the general issue. The practice in ejectment suits in this State does not warrant the filing of any special pleas, except such as are expressly enumerated in section 22 of the Ejectment act. Under the general issue the defendant may give in evidence any matter that may tend to defeat the plaintiff’s action, except as is provided in said section 22. If any special plea is filed other than such as is authorized, the court should, on its own motion, strike it from the files.</p> <p>2. Eobmeb adjudication—in ejectment—effect of a new trial. Where the plaintiff in ejectment, after judgment against him, obtains a new trial under the statute, and by amendment makes a new party defendant, and before a second trial dismisses his suit, the former judgment is no bar to a second action brought by him against such new defendant. The effect of the new trial is to vacate and render wholly inoperative the prior judgment, and leave the parties as they stood before the trial, except that the plaintiff can not claim a second new trial under the statute in the same suit.</p>