Case Details

Rountree v. Stuart

Case # 000049, 000880

Appellant/Plaintiff

Jesse Rountree

Appellee/Defendant

William Stuart

Appellant/Plaintiff Attorneys

Not Listed

Appellee/Defendant Attorneys

Not Listed

County of Origin

Madison County

Justice

Justice John Reynolds

Terms of Court

November 1823

Type of Case

Debt

Disposition

Affirmed

Citation

1 Ill 73

Case Summary

Stuart sued Rountree in an action of debt. Rountree demurred to the declaration, and the circuit court sustained the demurrer. Stuart amended his declaration, and Rountree suffered a default judgment. Rountree appealed to the Illinois Supreme Court because he believed the case should have been continued. The Court emphasized the mandatory filing requirement and acknowledged the lower court's error in Stuart obtaining judgment prematurely. However, because the Court was divided, it affirmed lower court's judgment.