McAllister v. Ball
Illinois Supreme Court
This action was assumpsit brought to the April term, 1859, of the Cook County Court of Common Pleas. The plaintiff’s declaration was filed on the 4th of March, 1859, containing three special counts, based upon three several promissory notes. The first count describes a note for one hundred dollars, payable in three months. The other two respectively describe a note for fifty-seven dollars, payable, one in. six, and the other in nine months.
Read the full summary
This action was assumpsit brought to the April term, 1859, of the Cook County Court of Common Pleas. The plaintiff’s declaration was filed on the 4th of March, 1859, containing three special counts, based upon three several promissory notes. The first count describes a note for one hundred dollars, payable in three months. The other two respectively describe a note for fifty-seven dollars, payable, one in. six, and the other in nine months. To these special counts were added the common counts for money lent and advanced ; money paid, laid out and expended ; money had and received; and for…
1Opinion of the Court
Catón, O. J.
"We can discover nothing in the least irregular in this proceeding. To the first count, the defendant filed a plea in bar, on which the plaintiff took issue. Subsequently the default of the defendant was entered upon the other three counts, and a jury was sworn to try the issue formed, and also to assess the damages on those counts on which the default was entered. The complaint is, that the default was not entered simultaneously with the formation of the issue on the plea filed to the first count. The doctrine of discontinuance by not taking judgment by nil dicit, for the part of…
2Cited by12 opinions
- Eames v. MorganIllinois Supreme Court · 1865
- Gettings v. BuchananMontana Supreme Court · 1896
- Ridgely National Bank v. FairbankAppellate Court of Illinois · 1894
- Stewart v. American Exchange National BankNebraska Supreme Court · 1898
- Pease v. BartlettAppellate Court of Illinois · 1901
7 more not listed; retrieve them via the Exa API.