McKinstry v. Pennoyer
Illinois Supreme Court
This cause came on to be heard at the May term, 1836, of the Cook Circuit Court, the Hon. Thomas Ford presiding. The appellant was sued by the name of Augustus McKinster. He pleaded in abatement of the writ that his name was Augustus T. McKinstry. The plaintiffs demurred to this plea. The demurrer was overruled, and the plaintiffs asked leave to reply, which was granted them. The defendant excepted to the decision of the Court permitting the plaintiffs to reply.
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This cause came on to be heard at the May term, 1836, of the Cook Circuit Court, the Hon. Thomas Ford presiding. The appellant was sued by the name of Augustus McKinster. He pleaded in abatement of the writ that his name was Augustus T. McKinstry. The plaintiffs demurred to this plea. The demurrer was overruled, and the plaintiffs asked leave to reply, which was granted them. The defendant excepted to the decision of the Court permitting the plaintiffs to reply. Issue was taken upon the replication that the appellant was “ called and known as well by the name of Augustus McKinster, as by the…
1Opinion of the CourtLockwood, Justice
This was an action of trespass on the case, brought by Pennoyer and others against McKinstry. The defendant below in proper person pleaded in abatement, a misnomer of his name, and prayed judgment of the writ that it be quashed. To this plea the plaintiffs below demurred, and defendant joined in demurrer. After argument in the Circuit Court, the demurrer was overruled, whereupon the plaintiffs moved the Court for leave to answer over to the defendant’s plea, which was granted; the granting of which motion was excepted to by the defendant’s counsel, who moved for final judgment on the…
2Cited by1 opinion
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