Whiting v. Fuller
Illinois Supreme Court
On the 28th of May, 1858, suit was commenced and summons issued, returnable to the next June term, which was duly served and returned.
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On the 28th of May, 1858, suit was commenced and summons issued, returnable to the next June term, which was duly served and returned. On the same day, plaintiffs below filed their declaration in the cause containing special counts on two notes, one dated November 23, 1857, due in sixty days, made by Whiting & Co., and payable to the order of Fuller & Myers, for $461.20, and the other for $64.05, made by Whiting On the 7th day of June, 1858, which was the first day of the June term of said court, the defendants filed in said cause their plea of the general issue, with notice of set-off. And…
1Opinion of the CourtBreese, J.
The affidavit in this case was a part of the plea, and the plea is a part of the record and requires no bill of exceptions to bring it before this court. If a plea be stricken from the file, it still remains a part of the record for the purpose of presenting the question ■ of the propriety of the action of the court in striking it from the file.
The plea was the general issue, filed by both defendants, who were sued as partners. The affidavit of merits is by one only of the defendants, and the court below, holding it was not sufficient, struck the plea from the file and rendered judgment for…
2Cited by9 opinions
- McCall v. HerringSupreme Court of Georgia · 1902
- Gaynor v. Hibernia Savings BankIllinois Supreme Court · 1897
- Haggard v. SmithIllinois Supreme Court · 1874
- Harmon v. CallahanAppellate Court of Illinois · 1917
- Williams v. ReynoldsIllinois Supreme Court · 1877
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