Cook v. Yarwood
Illinois Supreme Court
Appeal from the Circuit Court of De Kalb county; the Hon. Theodore D. Murphy, Judge, presiding. This was an action of assumpsit, brought by James R. Yarwood, in the court of Common Pleas of the city of Elgin, in Kane county, in which a writ of attachment was sued out against Albert Cook and B. C. Brownell. A declaration, in the usual form, was filed. The venue of the cause was afterward changed to De Kalb county.
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Appeal from the Circuit Court of De Kalb county; the Hon. Theodore D. Murphy, Judge, presiding. This was an action of assumpsit, brought by James R. Yarwood, in the court of Common Pleas of the city of Elgin, in Kane county, in which a writ of attachment was sued out against Albert Cook and B. C. Brownell. A declaration, in the usual form, was filed. The venue of the cause was afterward changed to De Kalb county. Cook then filed a plea in abatement, which the court, on motion, struck from the files. Brownell also filed a plea in abatement of misnomer, and misjoinder and nonjoinder of parties.…
1Opinion of the CourtChief Justice Walker
delivered tne opinion of the Court:
This was an action of assumpsit, commenced by James E. Yarwood, in the Court of Common Pleas of the city of Elgin, at the January Term, 1864, against Albert Cook and B. C. Brownell. An affidavit was filed, stating that defendants are indebted to plaintiff in the sum of $350 for work and labor, and that Brownell is a non-resident of the State, and that defendants are about to remove their personal property from this State to the injury of plaintiff. A writ of attachment was issued and levied on the property of defendants. A declaration was filed in assumpsit…
2Cited by7 opinions
- Bacon v. SchepflinIllinois Supreme Court · 1900
- Grand Lodge Brotherhood of Railroad Trainmen v. RandolphIllinois Supreme Court · 1900
- O'Brien v. KrockinskiAppellate Court of Illinois · 1893
- Dunaway v. GoodallAppellate Court of Illinois · 1878
- Grand Lodge, Brotherhood of Locomotive Firemen v. CramerAppellate Court of Illinois · 1895
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