Appellate Court of Illinois December 2, 1895 (Fitzpatrick v. Rutter)

Mb. Presiding Justice Gary

delivered the opinion op the Court.

September 21, 1895, the record was filed here with errors assigned as follows;

First. The Circuit Court erred in entering the default of the defendant, because the declaration had not been filed ten days before the first day of the second term, without any rule on the defendant to plead or any waiver by defendant of his right to have