McLean v. Griswold
Illinois Supreme Court
This suit was commenced in the court below by John L. Griswold and Matthew Griswold, plaintiffs, against Samuel P. McLean and Eliza J. McLean, and summons returned served upon both. The Griswolds filed their declaration against both defendants in assumpsit. The first count avers that Samuel P. McLean and Eliza J. McLean executed their promissory note for $615.81, to John King, and John King indorsed and assigned the same to plaintiffs below.
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This suit was commenced in the court below by John L. Griswold and Matthew Griswold, plaintiffs, against Samuel P. McLean and Eliza J. McLean, and summons returned served upon both. The Griswolds filed their declaration against both defendants in assumpsit. The first count avers that Samuel P. McLean and Eliza J. McLean executed their promissory note for $615.81, to John King, and John King indorsed and assigned the same to plaintiffs below. The common counts proceed for money paid, money had and received, and account stated. Samuel P. McLean filed two pleas: 1. General issue. 2. That the…
1Opinion of the CourtWalker, J.
The only question presented by this record which we deem it necessary to determine, is whether appellees, by entering a nolle prosequi as to Eliza J. McLean, obviated the objection of a misjoinder of defendants. By the plea in abatement, it appeared that she was a feme covert at the time the promissory note was made, and was the wife of her co-defendant. In all suits for torts there can be no objection, that all the tort feasors are not joined, or that persons are joined as defendants who are not guilty, but a recovery may be had against the persons who are guilty, and an acquittal of those…
2Cited by6 opinions
- Forsyth v. BarnesIllinois Supreme Court · 1907
- People v. ErnstIllinois Supreme Court · 1923
- Thomas v. LowyIllinois Supreme Court · 1871
- Barrow v. PhillipsAppellate Court of Illinois · 1928
- Page v. DeLeuwIllinois Supreme Court · 1871
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