Bennet v. Gilbert
Appellate Court of Illinois
Trespass on the Case.—Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Heard in this court at the October term, 1900. Statement.—At the September term, 1892, of the Superior Court of Cook County, D. Davis recovered judgment against Bose Morris and D. Harris for the sum of §2,716.98 and §6 costs, and September 17, 1892, an execution was issued on said judgment and delivered to the sheriff.
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Trespass on the Case.—Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Heard in this court at the October term, 1900. Statement.—At the September term, 1892, of the Superior Court of Cook County, D. Davis recovered judgment against Bose Morris and D. Harris for the sum of §2,716.98 and §6 costs, and September 17, 1892, an execution was issued on said judgment and delivered to the sheriff. Morris and Harris were partners and engaged in the fur business in the city of Chicago, and the sheriff levied the execution on their partnership property and…
1Opinion of the Court
Mr. Presiding Justice Adams
delivered the opinion of the court.
Appellee’s counsel preserved a bill of exceptions to the action of the court in overruling the motion to strike the plea of the general issue from the files and in overruling the demurrer to the special plea, and has assigned cross-errors as to these rulings. In support of the motion to strike from the files the plea of the general issue, counsel urge that the special plea being puis darein continuance, or in the nature of a plea puis darein continuance, was a waiver of the other plea; citing Mount v. Scholes, 120 Ill. 394; City of…
2Cases cited7 opinions
- Mount v. ScholesIllinois Supreme Court · 1887
- Rayner & Hope v. DyettNew York Supreme Court · 1829
- Broadwell v. ParadiceIllinois Supreme Court · 1876
- Illinois Central Railroad v. ParksIllinois Supreme Court · 1878
- Morris v. CookNew York Supreme Court · 1839
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McGovern v. City of ChicagoAppellate Court of Illinois · 1916
- McNulty v. WhiteAppellate Court of Illinois · 1928