Appellate Court of Illinois July 2, 1902 (Moreland v. Bebber)

Mr. Justice Waterman

delivered the opinion of the court.

It has long been the rule in this state that voluntarily-going to trial with a plea unanswered is a waiver of such plea. , Brazzle v. Hawkins & Usher, Breese, 35; Ross v. Reddick, 1 Scam. 73; Armstrong v. Mock, 17 Ill. 166; Spencer v. Langdon, 21 Ill. 192; Strohm v. Hayes, 70 Ill. 41; St. L., A. & T. H. Ry. Co. v. Brown, 34 Ill. App.