The defendant may still join in error, if he will do so mstcmter.
Motion for default denied.
Higgins v. Crosby, 40 Ill. 79 (1865)
April 1865
·
Illinois Supreme Court
40 Ill. 79
Higgins v. Crosby.
(April Term, 1865.)
Joinder in error allowed, if done instanter, pending a motion to reverse for non-joinder, a rule for joinder having expired.
The counsel for the plaintiff in error suggested that a rule to join in error had expired, and there was no joinder; he asked for a default and a reversal for non-joinder in error. The counsel for the defendant said he had not been aware of the rule being entered, and would join in error mstcmter, if allowed to do so.