Donley v. Dougherty (97 Ill. App. 544, 1901)

Mr. Justice Adams

delivered the opinion of the court.

Appellant’s counsel contend that it was error to refuse to permit appellant to withdraw her original pleas, and to file a plea puis darien continuance. Also, that the action being joint against appellant William E. Donley the rendition against defendant alone was erroneous. The plea puis darien contimmnce was presented to the court after the plaintiff’s evidence was all in, and the plea was not verified. In Mount v. Scholes, 120 Ill. 394, 399, the court say of such a plea:

“ A plea of this kind involves grave legal consequences that do not attach to an ordinary plea. It only questions the plaintiff’s right to further maintain the suit. When filed, it, by operation of law, supersedes all other pleas and defenses in the cause, and the parties proceed to settle the pleadings de novo, just as though no plea or pleas had theretofore been filed in the case. By reason of pleas of this kind having a tendency to delay, great strictness is required in framing them. In this respect they are viewed much like pleas in abatement, and, for the same reason, they must, like those pleas, be verified by affidavit,” citing Chitty