Simpson v. Bliss

Full title: Jerry E. Simpson, Appellee, v. A. B. Bliss, Appellant

Court: Appellate Court of Illinois, Third District

Date published: Jan 15, 1940

303 Ill. App. 334 (Ill. App. Ct. 1940)

25 N.E.2d 136

Opinion

Gen. No. 9,180. (Abstract of Decision.)

Opinion filed January 15, 1940.

PLEADING, § 389^_ — failure to reply, as admission of affirmative defense. In action for services rendered as blacksmith, where answer pleaded express contract as an affirmative defense, to which plaintiff made no reply or denial, such failure admitted truth of the allegations, and judgment for plaintiff would be reversed.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Logan county; Hon. HORACE H. BAKER, presiding. Reversed and remanded. Heard in this court at April term 1939; opinion filed January 15, 1940.

William S. Ellis and Trapp Trapp, for appellant; Fred I. Edgell, for appellee.

Opinion by PRESIDING JUSTICE RIESS.

"Not to be published in full."