Plato v. Turrill
Illinois Supreme Court
Turrill and Haven commenced a suit in attachment against Plato, in assumpsit, swearing to an indebtedness of $302; the declaration concluding in damages to $500. Process made returnable to May term, 1856. Motion for judgment, of dismissal entered 30th July following, for want of declaration. A declaration was filed November 13th, 1856. A motion for dismissal was made in March, 1857, because no declaration was filed till after commencement of second term after suit commenced.
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Turrill and Haven commenced a suit in attachment against Plato, in assumpsit, swearing to an indebtedness of $302; the declaration concluding in damages to $500. Process made returnable to May term, 1856. Motion for judgment, of dismissal entered 30th July following, for want of declaration. A declaration was filed November 13th, 1856. A motion for dismissal was made in March, 1857, because no declaration was filed till after commencement of second term after suit commenced. At March term, 1857, motions were made to quash the writ and the return. Motions to dismiss were overruled, and an…
1Opinion of the CourtSkinner, J.
This was a proceeding in attachment against the estate of Plato. The writ was returnable to the May-term, 1856.
At the next term the defendant appeared, and moved to dismiss the suit, because no declaration had been filed. At the following Movember term, and after the filing of a declaration, the defendant entered his motion for judgment as in case of non-suit, because the declaration was not filed ten days before the second term after suing out the writ. At the following March term, the defendant entered a motion to quash the writ, a motion to quash the sheriff’s return, and a motion to…
2Cited by5 opinions
- People Ex Rel. Vanderhyden v. Village of ElwoodAppellate Court of Illinois · 1972
- Hughes v. ForemanAppellate Court of Illinois · 1898
- Iglehart v. MorrisIllinois Supreme Court · 1864
- King v. RalstonAppellate Court of Illinois · 1912
- Lord v. BabelAppellate Court of Illinois · 1885