Edens v. Williams
Illinois Supreme Court
Error to the Circuit Court of Washington county; the Hon. S. L. Bryan, Judge, presiding. This was an action of assumpsit brought by Deborah Williams against Jesse Edens, to the April term, 1864, of the Washington Circuit Court. A motion was made by defendant to quash the summons, which was denied.
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Error to the Circuit Court of Washington county; the Hon. S. L. Bryan, Judge, presiding. This was an action of assumpsit brought by Deborah Williams against Jesse Edens, to the April term, 1864, of the Washington Circuit Court. A motion was made by defendant to quash the summons, which was denied. The declaration contained a count for the sale to defendant of Deborah Williams’ interest in a quantity of household and kitchen furniture, etc., used in a house in Ashley in said county, known as the “ Ashley Hotel,” at the price at which the articles had been inventoried. Another count was for…
1Opinion of the CourtJustice Beeese
As to the first objection made by the plaintiff in error, that the court refused to quash the writ, it is sufficient to say, that the motion in that behalf, alleged no reason on which it was founded, nor was the decision of the court thereon excepted to, nor is any fact, in regard thereto, preserved in the record. The writ on its face, is, in all respects, formal and regular.
If, however, there was any valid objection to the writ, it was waived by pleading to the merits.
It is doubtless true, as a general principle, that one partner cannot sue another partner, at law, for any matter growing out…
2Cited by13 opinions
- Wilbur v. WilburCalifornia Supreme Court · 1925
- Durkee v. GunnSupreme Court of Kansas · 1889
- Crockett v. BurlesonWest Virginia Supreme Court · 1906
- Harrison v. MagoonHawaii Supreme Court · 1901
- Zedrick v. KosenskiWashington Supreme Court · 1963
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