Herbst v. Paul

Mr. Presiding Justice Wolfe

delivered the opinion of the court.

Clifford L. Herbst brought a suit before a justice of the peace in Moline township in Rock Island county, Illinois, to recover damage to his automobile, which he claimed was caused by the defendant, Roy C. Paul. The case went to trial and the plaintiff introduced his evidence, then the defendant started to testify. During the defendant’s testimony it was discovered that neither the plaintiff, nor the defendant lived in Moline township, and the defendant entered a motion to dismiss the suit for lack of venue of the justice of the…