Pollock v. Kinman
Appellate Court of Illinois
Error to the Circuit Court of Be Witt county; the Hon. William G. Cochean, Judge, presiding. Heard in this court at the April term, 1912.
1Opinion of the Court
Mr. Presiding Justice Thompson
delivered the opinion of the court.
It is contended that the judgment upon the hearing on the plea in abatement should have been respondeat ouster. Section 45 of 'the Practice Act of 1907, provides: “If the issue on any plea in abatement is the truth of a statement in the return on the summons, or that the defendant is sued out of his proper county, or is not subject to suit in the county in which the suit is brought, or that the court has no jurisdiction over the person of the defendant, and such issue is found against the defendant the judgment shall be…
2Cases cited7 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. WalshIllinois Supreme Court · 1894
- Italian-Swiss Agricultural Colony v. PeaseIllinois Supreme Court · 1901
- Crane v. LarsenOregon Supreme Court · 1887
- Foreman Shoe Co. v. F. M. Lewis & Co.Illinois Supreme Court · 1901
- Walsworth v. JohnsonCalifornia Supreme Court · 1871
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3Cited by2 opinions
- Crandall v. ItenWashington Supreme Court · 1924
- Miller v. Grand Lodge Brotherhood of Railroad TrainmenAppellate Court of Illinois · 1917