Tucker v. Hamilton

Citations

• 108 Ill. 464
• 1884 Ill. LEXIS 1503

Syllabus

<p>1. Amendment—of record, to obviate error assigned. The clerk, in entering a judgment by default in an action of ejectment, omitted to enter the finding of the court of the plaintiff’s title to the premises. After error assigned in this court for this defect, the plaintiff, on due notice to the defendant, had the record so amended that the judgment found that the plaintiff had a fee simple title to the land, and filed a transcript of the amended record in this court: Held, that the amendment below cured the error.</p> <p>2. Default—admits plaintiff’s title, in ejectment. A default in an action of ejectment admits all the material allegations in the plaintiff’s declaration, including that of the plaintiff’s ownership’ of the land, and no proof of title in such case is necessary.</p> <p>3. Ejectment—damages after judgment by default. On a suggestion of damages on a default in an action of ejectment, the proper practice is to have issued a writ of inquiry to assess the damages. Such writ is required before the damages can be assessed.</p> <p>á. Same—practice—reference to master. On default in an action of ejectment, a reference to the master in chancery to take and report evidence is wholly unnecessary, and amounts to nothing.</p>