Dow v. Rattle
Illinois Supreme Court
This was an action of assumpsit, brought by Rattle in the Circuit Court of Mo Henry county. The declaration contained a count upon an endorsed note, and the common counts. The process issued against John E. Dow, and William Dow. The return showed service on John E. Dow, William Dow not being found.
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This was an action of assumpsit, brought by Rattle in the Circuit Court of Mo Henry county. The declaration contained a count upon an endorsed note, and the common counts. The process issued against John E. Dow, and William Dow. The return showed service on John E. Dow, William Dow not being found. A demurrer was filed to the first count of the declaration, averring, “ And the said defendants comes and defends and says,” &c., and that the “ plaintiff ought not to have his action against them, and that they are not bound,” &e., signed 0. McClure, Defts. Atty, plea of the general issue was…
1Opinion of the CourtTreat, C. J.
Assumpsit against two; one only served with process. The defendants demurred to the first count, and pleaded non-assumpsit to the second. The Court overruled the demurrer, and without noticing the plea, rendered judgment against the defendant served with process. That judgment must be reversed on two grounds. It was error to enter final judgment for the plaintiff, before disposing of the issue tendered by the plea. It was also error to enter judgment against one of the defendants, without disposing of the case as to the other: Both were before the Court, and the case had to he tried as to…
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