Legal Opinion

Maxwell v. Vansant

Illinois Supreme Court

Decided September 15, 1867PublishedCited by 4 opinions

Writ of error to the Circuit Court of Marshall county; the Hon. Samuel L. Richmond, Judge, presiding. This was an action of assumpsit, brought in the court below, by the plaintiff in error, as assignee of certain promissory notes, against the defendant in error, the assignor. The process was sent from Marshall to LaSalle county, and served upon the ‘defendant. The defendant filed his plea in abatement to the jurisdiction of the court.

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Writ of error to the Circuit Court of Marshall county; the Hon. Samuel L. Richmond, Judge, presiding. This was an action of assumpsit, brought in the court below, by the plaintiff in error, as assignee of certain promissory notes, against the defendant in error, the assignor. The process was sent from Marshall to LaSalle county, and served upon the ‘defendant. The defendant filed his plea in abatement to the jurisdiction of the court. The cause was tried by the court, who found 'the issue for the defendant, and gave judgment accordingly. To reverse which, the case is brought to this court by…

1Opinion of the CourtChief Justice Breese

The question raised on this record has been séttled by this court in the case of Aird v. Haynie, 36 Ill. 174. In that case, Aird, holding a note executed in Marion county, the county of his residence, assigned, in that county, the note to Haynie, a resident of Alexander county. Haynie brought suit against Aird as endorser, in Alexander county, and sent the summons to Marion to be executed. On a plea by Aird to the jurisdiction of the Alexander Circuit Court, this court held on appeal, that in a suit by the assignee against the assignor thus situated, the Circuit Court of Alexander county…

2Cases cited3 opinions

  1. Webster v. CobbIllinois Supreme Court · 1856
  2. Aird v. HaynieIllinois Supreme Court · 1864
  3. Allen v. CoffilIllinois Supreme Court · 1866

3Cited by4 opinions

  1. Chemical National Bank v. KelloggNew York Court of Appeals · 1905
  2. Consterdine v. MooreNebraska Supreme Court · 1902
  3. Belford v. BangsAppellate Court of Illinois · 1884
  4. Griffiths v. HerzogAppellate Court of Illinois · 1902

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