Grier v. Gibson
Illinois Supreme Court
Writ of Error to the Circuit Court of Peoria county; the Hon. M. Williamson, Judge, presiding. ''This was an action of assumpsit, brought by the defendant in error, as the indorsee of four promissory notes, against the plaintiff in error, as the maker. The declaration was filed on the 21st day of January, 1864, and contained four special counts, one on each note, and the common counts.
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Writ of Error to the Circuit Court of Peoria county; the Hon. M. Williamson, Judge, presiding. ''This was an action of assumpsit, brought by the defendant in error, as the indorsee of four promissory notes, against the plaintiff in error, as the maker. The declaration was filed on the 21st day of January, 1864, and contained four special counts, one on each note, and the common counts. On the 4th day of February, 1864, a plea of the general issue was filed to the 1st special count and the common counts, and a demurrer to the 2nd, 3rd and 4th special counts. On the 8th day of February, 1864, a…
1Opinion of the CourtJustice Breese
The motion to continue the cause, because there were no copies filed of the notes on which the suit was brought, was properly overruled, as the defendant had pleaded to the action. The motion to continue, for that cause, came too late. The assignments were not required to be proved, as there was no affidavit filed denying them.
It appears, while the demurrer was pending, the general issue and several special pleas were filed. These pleas waived the demurrer, and no judgment was required to be pronounced on it.
We perceive no ground on which the plaintiff in error can hope to reverse this…
2Cited by4 opinions
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