Shealy v. Schwerin
| Decision Date | 20 January 1943 |
| Docket Number | Gen. No. 41821. |
| Citation | 46 N.E.2d 184,317 Ill.App. 375 |
| Parties | SHEALY v. SCHWERIN. |
| Court | United States Appellate Court of Illinois |
OPINION TEXT STARTS HERE
Appeal from Municipal Court, of Chicago; Frank M. Padden, Judge.
Action by James T. Shealy against Charles L. Schwerin to recover money with interest due on defendant's promise to pay. Plaintiff's second amended statement of claim sought recovery of $1,000 referred to in the original statement of claim and in addition thereto an item of $487.50 which plaintiff claimed to be due by reason of an assignment of a claim against the defendant. The defendant's demand for jury trial was stricken from the files on the ground that the demand was not made at the time when written appearance of defendant and his attorney was filed, as required by a court rule of the Municipal Court of Chicago. From a judgment for plaintiff in the sum of $2,500, defendant appeals.
Reversed and remanded with directions.
Abraham W. Brussell, of Chicago, for appellant.
Thomas J. Finnegan, of Chicago, for appellee.
(Publish abstract only.)
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... ... (Burdin v. Jefferson Trust & Savings (1971), 133 Ill.App.2d 703, 269 N.E.2d 340; Shealy v. Schwerin (1942), 317 Ill.App. 375, 46 N.E.2d 184 (abstract); People ex rel, Nelson v. Central Manufacturing District Bank (1940), 306 Ill.App. 15, ... ...
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Kilian v. Frazier
... ... He does not say that those admissions which tainted the agreement with illegality were made through mistake or inadvertence. See Shealy v. Schwerin, 317 Ill.App. 375, 46 N.E.2d 184. Nor does he suggest how he intended to amend his complaint. Under these circumstances we cannot say ... ...