Nispel v. Western Union Railroad
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county. This was an action of assumpsit, brought by Mspel, for the use of Valentine Knobeloch, against the railroad company.
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Writ of Error to the Superior Court of Cook county. This was an action of assumpsit, brought by Mspel, for the use of Valentine Knobeloch, against the railroad company. The defendant filed the following plea: “ And the defendant, the Western Union Railroad Company, in its own proper person, comes and says that this court ought not to have or take further cognizance of the action aforesaid, because it says that the said supposed causes of action, and each and every of them, if any such, have accrued to the said plaintiff out of the jurisdiction of this court, that is to say, in the county of…
1Opinion of the CourtJustice Breese
This was an action of assumpsit against a corporation, to which they appeared “in its own propel’person,” and pleaded want of jurisdiction, setting out the facts.
To this plea the plaintiff demurred generally. The court overruled the demurrer and gave judgment against the plaintiff for costs.
To reverse this judgment, the plaintiff brings the record here.
Overruling the demurrer is the only point raised on the record.
The court, in deciding upon the demurrer, doubtless was governed by the case of Mineral Point Railroad Co. v. Keep, 22 Ill. 9.
There was, manifestly, in that case, a misapplication…
2Cases cited1 opinion
- Mineral Point Railroad v. KeepIllinois Supreme Court · 1859
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