Stookey v. Hughes
Illinois Supreme Court
This was an action, upon a promissory note, to recover the . sum of $925, and interest. The plea to this action is stated in the opinion of the court. The demurrer to the plea was sustained, and the court, at August term, 1856, of the St. Clair Circuit, Bbeese, Judge, presiding, gave judgment for the plaintiffs below.
1Opinion of the CourtCaton, J.
The plea which was interposed by the defendant, Stookey, professed to answer but a part of the declaration, and certainly answered but a part. To this the plaintiffs demurred. It is objected in this court, for the first time, that by demurring to this plea the plaintiff’s action was discontinued. This obj ection is precisely answered by the case of Mager et al. v. Hutchinson, 2 Gil. R. 266, where it was decided that the objection cannot be first made here. If the defendant wishes to claim a discontinuance from this state of pleading, he must insist upon it in the court below, when the…
2Cited by3 opinions
- Main Bank of Chicago v. BakerIllinois Supreme Court · 1981
- Sudeikis v. Chicago Transit AuthorityAppellate Court of Illinois · 1980
- Botsford v. WilsonIllinois Supreme Court · 1874