McDonald v. Wilkie
Illinois Supreme Court
McDonald brought an action of trespass for an assault, battery, and false imprisonment against the defendants in error. To which they severally pleaded the general issue; and also specially : That on the 18th April, 1850, defendant Wilkie recovered a judgment for $99.99 and costs against said plaintiff, before said Lyonberger, a justice duly authorized and having jurisdiction, &c. in an action of debt; that Wilkie made oath before said justice, that he verily believed…
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McDonald brought an action of trespass for an assault, battery, and false imprisonment against the defendants in error. To which they severally pleaded the general issue; and also specially : That on the 18th April, 1850, defendant Wilkie recovered a judgment for $99.99 and costs against said plaintiff, before said Lyonberger, a justice duly authorized and having jurisdiction, &c. in an action of debt; that Wilkie made oath before said justice, that he verily believed plaintiff to be able to pay said judgment, and that he withholds his money and secretes his property from the officer, so that…
1Opinion of the CourtTrumbull, J.
McDonald sued Wilkie, Lyonberger, and Lowry in an action of trespass vi et armis. The defendants pleaded separately, and the case was decided on demurrer to rejoinders, which the court overruled, and gave judgment against the plaintiff for costs.
Since the judgment in the Circuit Court, Lyonberger has deceased, whereby the suit as to him has abated, and it will be unnecessary to notice the pleas which he filed.
The demurrer to the rejoinders opens the whole record, and will be carried back to the first substantial defect in the pleadings.
The special plea filed by Wilkie states, in substance,…
2Cases cited2 opinions
- Harman v. BrothersonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Gaylord v. PayneSupreme Court of Connecticut · 1822
3Cited by24 opinions
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- Baker v. State ex rel. MillsIndiana Supreme Court · 1887
- Seymour v. O. S. Richardson Fueling Co.Illinois Supreme Court · 1903
- People ex rel. Shallberg v. Central Union Telephone Co.Illinois Supreme Court · 1908
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